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HomeMy WebLinkAboutResolution - 2025-R0193 - Service Contract 18693, Crowdergulf Disaster Recovery & Debris Management - 04/22/2025Resolution No. 2025-R0193 Item No. 6.23 Apri122, 2025 RESOLUTION BE TT R�SOLVLD BY TI T� CTTY COUNCTL O�' T� iE CTTY OT� LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Service Contract No. 18693 for debris management during FEMA activated/qualifying reimbursement events as per RFP 25-18100-TF, by and between the City of Lubbock and CrowderGulf, LLC of Mobile, AL, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by thc City Council on Apri122, 2025 ��- W. MCBRAYER, 11�AYOR A'1"1'LS"I': Courtney Paz, City Secre ary APPROVED AS TO CONTENT: FX - . I;rik Rejino, Assistant City Manager n��z•1�»]i���L•��•]�Ta , K lli Leisure, Senior Assistant City Attorney ccdocslRES.ServiccContract 18693 dcbris managcmcnt 3.10.25 Resolution No. 2025-R0193 Contract 18693 City of Lubbock, TX Debris Management during IFENIA Activated/Qualifying Reimbursement Events Agreement This Service Agreement (this "Agreement") is entered into as of the22°dday of `�'pr�� 2025 ("Effective Date") by and between CrowderGulf, LLC (the Contractor), and the City of Lubbock (the "City"). RECITALS WHEREAS, the City has issued a Request for Proposals RFP 25-18100-TF, Debris Management during FEMA Activated/Qualifying Reimbursement Events and WHEREAS, the proposal submitted by the Contractor has been selected as the proposal which best meets the needs of the City for this service; and WHEREAS, Contractor desires to perform as an independent contractor to provide Debris Management during FEMA Activated/Qualifying Reimbursement Events, upon terms and conditions maintained in this Agreement; and NOW THEREFORE, for and in consideration of the mutual promises contained herein, the City and Contractor agree as follows: City and Contractor acknowledge the Agreement consists of the following exhibits which are attached hereto and incorporated herein by reference, listed in their order of priority in the event of inconsistent or contradictory provisions: 1. This Agreement 2. Exhibit A— General Requirements 3. Exhibit B— Proposal Price Sheet 4. Exhibit C— Insurance Requirements Scope of Work Contractor shall provide the services that are speciiied in Exhibit A. The Contractor shall execute services as the named provider on a secondary basis. The Contractor shall comply with all the applicable requirements set forth in Exhibit B and Exhibit C attached hereto. Article 1 1.1 The contract shall be for a term of one (1) year, with the option of four (4), one-year extensions, said date of term beginning upon formal approval. This Contract will renew automatically for the additional terms, unless either Party gives 90-day written notice to terminate the Contract. Actual usage may be more or less. Order quantities will be determined by actual need. The City of Lubbock does not guarantee any specific amount of compensation, volume, minimum, or maximum amount of services under this bid and resulting contract. The Contractor must maintain the insurance coverage required during the term of this contract including any extensions. It is the responsibility of the Contractor to ensure that valid insurance is on file with the Purchasing and Contract Management Department as required by contract or contract may be terminated for non-compliance. 1.2 Prices quoted shall be guaranteed for a period for six (6) months upon City approval. The rate may be adjusted at the City's discretion for the effective change in Consumer Price Index (CPn or Product Price Index (PPI) as appropriate. Further, if the Contractor can provide documentation for actt:al charges for material, labor, etc. ihat demonstrates that the change in CPI or PPI is not sufficient, the Contractor shall provide such documentation to the City, and at the City's sole discretion, the con�ractual rate may be further adjusted. If agreement regarding a new rate cannot be reached, the City shall terminate at the end of the current contract period. If an adjustment to pricing is granted under this section, the Contractor must provide the Director of Purchasing and Contract Management written, quarterly documentation to justify the ongoing adjustment. If no such documentation is timely received, the rate will automatically revert to the initial, awarded rate. 1.3 The Contractor shall not assign any interest in this Agreement and shall not transfer any interest in the Agreement, whatsoever, without prior consent of the City. 1.4 All funds for payment by the City under this Agreement are subject to the availability of an annual appropriation for this purpose by the City. In the event of non-appropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the Agreement, the City will terminate the Agreement, without termination charge or other liability, on the last day of the then-current fiscal year or when the appropriation made for the then-current year for the goods or services covered by this Agreement is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this Agreement, cancellation shall be accepted by the contractor on 30 days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this Agreement beyond the date of termination. 1.5 This contract shall remain in effect until the first of the following occurs: (1) the expiration date, (2) performance of services ordered, or (3) termination of by either party with a 30 day written notice. The City of Lubbock reserves the right to award the canceled contract to the next lowest and best bidder as it deems to be in the best interest of the city. Article 2 Miscellaneous. 2.1 This Agreement is made in the State of Texas and shall for all purposes be construed in accordance with the laws of said State, without reference to choice of law provisions. 2.2 This Agreement is performable in, and venue of any action related or pertaining to this Agreement shall lie in, Lubbock, Texas. 2.3 This Agreement and its Exhibits contains the entire agreement between the City and Contractor and supersedes any and all previous agreements, written or oral, between the parties relating to the subject matter hereof. No amendment or modification of the terms of this Agreement shall be binding upon the parties unless reduced to writing and signed by both parties. 2.4 This Agreement may be executed in counterparts, each of which shall be deemed an original. 2.5 In the event any provision of this Agreement is held illegal or invalid, the remaining provisions of this Agreement shall not be affected thereby. 2.6 The waiver of a breach of any provision of this Agreement by any parties or the failure of any parties otherwise to insist upon strict performance of any provision hereof shall not constitute a waiver of any subsequent breach or of any subsequent failure to perform. 2.7 This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, representatives and successors and may be assigned by Contractor or the City to any successor only on the written approval of the other party. 2.8 All claims, disputes, and other mattei•s in question between the Parties arising cut of or relating to this Agr:,ement or the breacn thereof, shall �e formally discussed and negotiated between the Parties for resolution. In the event that the Parties are unable to resolve the claims, disputes, or other inatters in question within 30 days of written notification from the aggrieved Party to the other Party, the aggrieved Party shall be free to pursue all remedies available at law or in equity. 2.9 At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided to the City under this Contract. In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within 30 days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 2.10 The City reserves the right to exercise any right or remedy to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this do. 2.11 The contractor shall not assign or sublet the contract, or any portion of the contract, without written consent from the Director of Purchasing and Contract Management. Should consent be given, the Contractor shall insure the Subcontractor or shall provide proof of insurance from the Subcontractor that complies with all contract Insurance requirements document, this provision shall control. 2.12 Contractor acknowledges by supplying any Goods or Services that the Contractor has read, fully understands, and will be in full compliance with all terms and conditions and the descriptive material contained herein and any additional associated documents and Amendments. The City disclaims any terms and conditions provided by the Contractor unless agreed upon in writing by the parties. In the event of conflict between these terms and conditions and any terms and conditions provided by the Contractor, the terms and conditions provided herein shall prevail. The terms and conditions provided herein are the final terms agreed upon by the parties, and any prior conflicting terms shall be of no force or effect. 2.13 Contractor acknowledges by supplying any Goods or Services that the Contractor has read, fully understands, and will be in full compliance with all terms and conditions and the descriptive material contained herein and any additional associated documents and Amendments. The City disclaims any terms and conditions provided by the Contractor unless agreed upon in writing by the parties. In the event of conflict between these terms and conditions and any terms and conditions provided by the Contractor, the terms and conditions provided herein shall prevail. The terms and conditions provided herein are the final terms agreed upon by the parties, and any prior conflicting terms shall be of no force or effect. 2.14 Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization. 2.15 Texas Public Information Act. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if tne contractnr or vendor knotivingiy ur inte��tionally fails to compiy with a requirement of that subcha.pter. To the extent Subchapter J, Cliapter 552, Government Code applies to this agreen�ient, Contract�r agrees to: (1) preserve a11 contracting information related to the contract as provided by the records retention requirements applicable to the governmental body for the duratiun of the contract; (2) promptly provide to the governmental body any contracting information related to the contract that is in the custody or possession of the entity on request of the governmental body; and (3) on completion of the contract, either: (A) provide at no cost to the governmental body all contracting information related to the contract that is in the custody or possession of the entity; or (B) preserve the contracting information related to the contract as provided by the records retention requirements applicable to the governmental body. 2.16 No Boycott of Israel. Pursuant to Section 2271.002 of the Texas Goverrunent Code, a) This section applies only to a contract that: (1) is between a governmental entity and a company with 10 or more full-time employees; and (2) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. (b) A governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 2.17 Contractor represents and warrants that: (1) it does not, and will not for the duration of the contract, boycott snergy companies or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If Contractor is a company with 10 or more fi.ill-time employees and if this Agreement has a value of at least $100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not boycott energy companies; and will not boycott energy companies during the term of the Agreement. This verification is not required for an agreement where a governmental entity determines that these requirements are inconsistent with the governmental entity's constitutional or statutory duties related to the issuance, incurrence, or management of debt obligations or the deposit, custody, management, borrowing, or investment of funds. 2.18 Texas Government Code 2274. By entering into this Agreement, Contractor verifies that: (1) it does not, and will not for the duration of the contract, have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and will not discriminate during the tertn of the contract against a firearm entity or firearm trade association. 2.19 Confidentiality. The Contractor shall retain all information received from or concerning the City and the City's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law. 2.20 Indemnify. The Contractor shall indemnify and save harmless the city of Lubbock and its elected officials, officers, agents, and employees from all suits, actions, losses, damages, claims, or liability of any kind, character, type, or description, including without limiting the generality of the foregoing, all expenses of litigation, court costs, and attorney's fees, for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, to the extent arising out of, related to or occasioned by, the negligent acts of the Contractor, its agents, einplayees, and/or subcontractors, related to the performance, operations or om:ssions under this agreement and/or the use or occupation of cit,y owned property. The indemnity obligation provided herein shall survive the e�:piration or termination of this agreement. -----YNTENTTONALLY LEFT BLANK----- IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. Executed in triplicate. CITY OF L BOCK CONTRACTOR � BY: ark McBrayer, Mayor Authoriz Represen t e AT ST: Courtney Paz, City Secretary APPROVED AS TO CONTENT: � J Turpin, . 'sion Director of Engineering/Ci ngineer Ashley Ramsay-Naile, President Print Name 5629 Commerce Boulevard East Address Mobile, AL 36619 City, State, Zip Code APP OVED AS TO FORM , Kell Leisure, Senior Assistant City Attorney EXHIBIT A I. RFP OVERVIEW A. G�NERAL INFORMATION The City of Lubbock ("Cit}r') is accepting proposals from qualified firms ("Respondents") to establish a Standby Contract or Contracts for Debris Removal and Site Management for Debris Reduction, Emergency Roadway Debris Clearance and Waterway Debris Removal. The City may, at its sole discretion, recommend primary, secondary and tertiary contracts to ensure that the City will have support in the event of an emergency. Services will not be authorized until such time as a Notice to Proceed has been issued; typically, in response to a natural or man-made disaster. Respondents selected for award recommendation will report to the Division Director of Public Works or his designee. In these documents, "Respondent" will refer to the �rms who submit a �esponse to this RFP. Respondents selected for a contract award will then become "Consultants" or "Providers". The terms "ConsultanY' and "Provider" are used interchangeably in these documents and mean the same thing. A complete list of definitions is included in Section II of this RFP. B. ABOUT THE CITY OF LUBBOCK The City is located in the heart of the West Texas panhandle. It was established in 1890 and is 143.26 square miles in size. It is considered to be the Hub City of West Texas and is only bordered currently by Wolfforth Texas. The City has 265,000 permanent residents and is also home to Texas Tech University, Lubbock Christian University, University Medical Center and Covenant Health Systems. The City is on a grid system, with varying house sizes, and some mature trees. The City is mostly surrounded by agriculture and flat lands. An Interactive map of the City and its parks, schools, and other key features is located here: https://ewebmap.ci.lubbock.tx.us/Parcelviewer/ The Cit�s weekly refuse and recycling collection is primarily taken to the West Texas Regional Disposal Facility. The City also uses the Caliche Canyon Landfill as a deposit site for non-putrescible waste. The City currently does not have any Debris Management firms under contract. The City does plan to engage firms for the purpose of overseeing the compliance and documentation of the debris collection process in the event of a major disaster so that the City could be eligible for reimbursement from FEMA. D. EVALUATION CRITERIA & SELECTION PROCESS Proposals will be reviewed and scored based on the following criteria in order to obtain the Best Value for the City: Criteria Max Points Experience Includes the experience of the firm and the 20 proposed personnel. Also includes licenses and certifications. Avatlability Plan for fulfilling Lubbock contract 10 simultaneously with other contractual obli ations Project Understanding and Technical 25 Approach Typical Debris Management Site Safety Plan 15 and O erational Plan References 10 Safety 5 Cost 15 TOTAL lIX� Once each proposal has been reviewed and scored, the City may at its sole discretion: • Choose to interview one (1) or more Respondent(s), • Begin contract negotiations without conducting interviews, or • Reject any and all proposals and re-bid this project The City may recommend an award to a primary, secondary or tertiary respondent whose proposal offers a Best Value to the City. City Council approves all award recommendations. Council typically meets on the first and third Tuesday of each month. E. PROPOSAL FORMA7 All proposals must include the following items, in the order listed below: 1. Corporate Information Provide a brief introductory (etter describing the Responding firm. Identify the person who will be the point of contact during the RFP process if a Respondent is a corporation, the corporation must be certified with the Texas Secretary of State and have a corporate status in good standing. In the case of out-of-state corporation, respondent must present evidence of authority to do business in Texas. Respondents must provide evidence to either condition here. � 2. Project Understanding and Technical Approach Provide a statement demonstrating an understanding of the services and support required by this RFP. State how the Respondent will approach the project and the methodology to be used to perform the services described in the Scope of Services. The technical approach must also outline the following: • Ability to manage activation of multiple contracts • Ability to work with a debris monitoring firm (provide references of firms Respondent has worked with) • Mobilization and demobilization plan 3. Contradual Obligations Describe how the Respondent intends to maintain its capability, capacity, and availability of forces to respond if activated by the City following a disaster. Knowing that the Respondent may have similar contracts in other geographic areas, describe how Respondent will satisfy all contrartual obligations for the City of Lubbock simultaneously with other obligations. 4. Personnel Provide a list of current personnel that would be assigned to the City in the event of contract activation. The list must include but is not limited to: • Contact persons, including telephone numbers and e-mail address • Project manager — must have a minimum of �ve years' experience in disaster recovery • Operations manager — must have a minimum of three years of experience in disaster recovery • Any Other key personnel assigned to this contract Please provide resumes for the project manager, operations manager, and other key personnel. Changes to the list of personnel that are provided with this proposal must be communicated to the City at the time of an event and are subject to approval by the City. The City also reserves the right to request the substitution of any personnel as the City deems necessary. S. Licenses and Certificates List any licenses or certifications related to the scope or work described in this RFP. State if the Respondent does not have any related or applicable licenses or certifications. 6. Typical Debris Management Site (TDMS) Safety Plan and Operational Plan Provide a description of the firm's typical TDMS safety plan and operational plan. Any changes to the site safety plan or operational plan must be provided to the City and are subject to City's approval. The City also reserves the right to request changes to the Respondent's site safety plan or operational plan. Include: • Plan details associated with your presence on-site during debris accumulation and transport • Your typical commitment — twenty-four hours a day for seven days, Monday through Friday between business hours, etc. • Your firm's plan to work with a debris monitoring firm 7. Exhibit A- Cost Worksheet — included in these documents 8. Exhibit B- Required Forms — included in these documents. This section includes forms that are required by federal, state, and local agencies. Please complete the forms in this section and return them with your proposal. II. INTENT The Post Disaster Debris Hauling Services Contract will encompass the incorporated areas of the City. The City's disaster recovery planning includes considerations for removing and processing the volumes and types of debris and wastes expected to be generated by a major disaster such as a tornado, or other natural or man-made hazard that encompasses the procedures for disposing of that material. The planning approach is formulated in part on the concept of strategic pre-positioning of the agreements and resources necessary for timely, coordinated recovery operations, including removal of debris and wastes from public property and right-of-way throughout the City using City-owned and Respondent forces. The City has identified the need for one or more Respondents to assist City force� in completing debris management operations throughout the City. For the purpose of this contract, Respondents must have the capacities to manage a large workforce and to carry the expenses associated with a major recovery operation prior to the initial City payment and between subsequent payments, as well as the capacities to provide the necessary bonds and insurance. Each Respondent must also have: (i) an established management team, (2) an established network of resources to provide the necessary equipment and personnel, (3) comprehensive workforce management, operations, and safety plans, and (4) demonstrable experience in major disaster recovery cleanup projects. The Contract(s) to be awarded for this project will be a combination of fixed fee and contingency contracts. The City anticipates a certain level of initial work to establish the procedures for integrating the work into the City's continuing disaster recovery prog�am planning, along with potential costs for 4 maintaining the program over a period of time. The City anticipates that the bulk of the seroices will be provided on an incident speci�c basis with anticipated costs identi�ed by a joint City/Respondent team as part of the initial program planning. The Successful Respondent wiil serve as a general contractor for the purpose of the specified services and will be able to use his/her own and Sub-Consultant/Provider resources to meet the obligations of the contract. The Respondent will be expected to use fully qualified and properly equipped local firms and personnel to the maximum extent practicable. When a major disaster occurs or is imminent, City will contact the firm(s) holding the Disaster Debris Removal Contract(s) to advise them of the City's joint or individual intent to activate the contract. Notice to Proceed ("NTP") The City shall issue official written notice to proceed for the services referenced in this contract. Notice to proceed shall be sent via electronic transmission (facsimile, e-mail, etc.). If the Respondenrs authorized representative is on site in the City, then the written notice to proceed may be hand delivered. Under no circumstances shall the City be liable for any services rendered unless the written notice to proceed has been sent and received by the Respondent(s). The Respondent(s) must acknowtedge receipt of the written notice to proceed. Changes in Scope of Work The City's Executive Policy Group, City's Director of Emergency Management, Cit�is Division Director of Public Works, or their designee(s) may request changes in the scope of work to be perFormed. Such changes, including increase or decrease in compensation must be mutually agreed upon and incorporated by written amendment to the agreement. Drug Free Workplace In the interest of job safety and to protect the public, other contractors and the Cit�s employees, the respondent certifies by submission of its proposal that it will make a good faith effort to maintain a drug-free jobsite. Mobilization Within 18 hours of notice to proceed from the City, the Respondent will mobilize an Operations Manager to the City of Lubbock. The Operations Manager will assist the City in planning for the operation and mobilization of Respondent personnel and equipment necessary to perform the work. If the Respondent does not send an Operations Manager within 18 hours after the NTP by the City, the City may then go to the next RFP-approved Respondent for their services instead of using the first Respondent. 5 Within 36 hours of notice to proceed from the City, the Respondent will mobilize equipment and resources in the City to begin debris removal operations as directed by the Cit�s Executive Policy Group, Cit�s Director of Emergenty Management, City's Division Director of Public Works, or their designee(s). As part of the Respondent's mobilization effort the Respondent wiil provide an on-site office trailer for the duration of the project or as directed by the City. Safety The Respondent(s) shall be solely responsible for maintaining safety at all work sites including TDMS and debris collection sites. The Respondent(s) shall take all reasonable steps to insure safety for both workers and visitors to TDMS and debris coilection sites. Safety at TDMS and debris collection sites includes traffic control such as traffic cones and flag personnel. The Respondent(s) will also be solely responsible to ensure that all OSHA requirements are met and a safety officer assigned to the project for the duration of this contract. See Section V— Safety in these documents for more details. On-Site Project Manager The Respondent(s) shall provide an on-site project manager to the City. The project manager shall provide a telephone number to the City with which he or she can be reached for the duration of the project. The project manager will be expected to have daily meetings with the City Debris Coordinators and/or City authorized representatives. Daily meeting topics will include, but not limited to, volume of debris collected, completion progress, City coordination and damage repairs. Frequency of ineetings may be adjusted by the City Debris Coordinators. The Respondent(s)' project manager must be available 24 hours a day, or as required by the City Debris Coordinators. Traffic Control The Respondent(s) will mitigate the impact of their operations on local traffic to the fullest extent practical. The Respondent is responsible for establishing and maintaining appropriate traffic controls in all work areas, including TDMS and debris collection sites. The Respondent will provide sufficient signing, flagging and barricading to ensure the safety of vehicular and pedestrian traffic in all work areas. All work shall be done in conformity with all applicable local, state and federal laws, regulations, and ordinances governing personnel, equipment and work place safety. Any notification of a deficiency in traffic control or other safety items shall be immediately corrected by the Respondent. No further work shall take place until the deficiency is corrected. City Debris Coordinators will not sign any additional load or unit rate tickets until the safety item is corrected. The expense incurred by the Respondent for traffic control is an overhead expense contemplated as part of the Respondent's compensation under the terms and conditions of scope of services. Rapid Response Crew 5 Respondent will be required to provide the City with access to one or more Rapid Response Crews ("RRC") as directed by the City. The purpose of the RRC is to respond immediately to disaster related debris piles as directed by the City Debris Coordinators. The RRC assists in the overall cleanup effort by responding to and collecting disaster related debris which the City deems a priority for overall recovery. Work Hours The Respondent will conduct those debris removal operations generating noise levels above that normally associated with routine traffic flow, during daylight hours only. Work may be performed seven days per week. Adjustments to work hours, as local conditions may dictate, shall be coordinated between the City and the Respondent. Unless othervvise directed, the Respondent must be capable of conducting volumetric reduction operations at TDMS locations on a 24 hour, 7 days a week basis. Costs All costs associated with all services performed will be the responsibility of the Respondent including but not limited to: labor, equipment, transportation, communications, logistical support such as lodging, meals, and other necessary support services, temporary office space, etc. Time of Completion The services shall commence upon written notice to proceed from the City's Executive Policy Group, Cit�s Director of Emergency Management, City's Division Director of Public Works, or their designee(s). For each event in which the contract is activated the City and the Respondent will develop a project completion date. The project completion date may be revised if mutually agreed upon by the City and the Respondent. liquidated Damages Should the Respondent fail to complete requirements set forth in this scope of work, the City will suffer damage. The amount of damage suffered by the City is difficult, if not impossible to determine at this time. Therefore the Respondent shall pay the City, as liquidated damages, the following: 1. The Respondent shall pay the City, as liquidated damages, $5,000.00 per calendar day of delay to mobilize in the City with 50% of the resources required to begin debris removal operations, within 36 hours of notice to proceed. 2. The Respondent shall pay the City, as liquidated damages, $5,000.00 per calendar day of delay to mobilize in the City with 100% of the resources required to begin debris removal operations, within 72 hours of notice to proceed. 3. The Respondent shall pay the City, as liquidated damages, $1,000.00 per load of disaster debris collected in the City that is not disposed of at a City approved DMS or City approved Final 7 Disposal Site. Application of liquidated damaged does not release the Respondent of all liability associated with hauling and depositing material to an unauthorized location. 4. The Respondent shall pay the City, as liquidated damages, $500.00 per incident where the Respondent fails to repair damages that are caused by the Respondent or subcontractor(s). Application of liquidated damages does not release the Respondent from the responsibility of resolving or repairing damages. 5. The Respondent shall pay the City, as liquidated damages, $500.00 per calendar day of delay to complete the project by the agreed upon project completion date. 6. The Respondent shall pay the City, as liquidated damages, $5�.00 per calendar day of delay to remediate each DMS to the original condition based on the completion date set forth by the City and Respondent per DMS. 7. The Respondent shall pay the City, as liquidated damages, $100.00 per incident where the Service Provider fails provide sufficient documentation to the City to support FEMA eligibility of the work performed. Additionally, no payment will be made for the work performed. This liquidated damage will only apply when the contract is activated for a FEMA eligible disaster. 8. The Respondent shall pay the City, as liquidated damages, $500.00 per calendar day where the Respondent fails provide the required Daily Reports and/or Weekly Summaries. 9. The Respondent shall pay the City, as liquidated damages, $100.00 per incident and per vehicle where the Respondent violates roadway load rating restrictions provided by the City Debris Manager. The amounts specified above are mutually agreed upon as reasonable and proper amount of damage the City should suffer by failure of the Respondent to complete requirements set forth in the scope of work. Damages The Respondent will repair any damages caused by the Respondent's equipment or work in a timely manner at no expense to the City. If there is disagreement between a resident and Respondent as to the repair of damages, the City will decide and make the final determination on the repair. Any damages to private property shall be repaired at the Respondent's expense. Failure to restore damage to public property or private property to the satisfaction of the City will result in the City withholding retainage money in an amount sufficient to make necessary repairs. To the extent that the City deems the Respondent negligent in management practices, the City may withhold from retainage money or invoice the Respondent for time and material costs associated with resolving issues or damages related to the RespondenYs work. Existtng Utilities Some trees and debris that are to be removed under this contract may be blocked or entangled with overhead power, telephone and television cables. In this case, it shall be RespondenYs responsibility to 8 coordinate directly with the utility owners to arrange for the removal of the debris without damage to the overhead and underground utility lines (i.e. water, sewer and gas). The Respondent will pay all such costs to the utility company for any adjustments. The City may choose either to have the Respondent make the necessary repairs or have the Respondents pay all costs incurred to repair damaged utilities that are a result of the Respondent, as determined by the affected utility company. Repairs to all municipal and privately-owned utilities shall be made by the Respondent. Ownership of Debris All debris residing in the City ROW and City provided TDMS shall be the property of the City until �na) disposal at a properly permitted disposal site. Environmenta) P�otection Any and all fluids or chemicals (work-related materials such as oil-dri, absorbents, etc.) used by the Respondent must be used and disposed of in accordance with all rules and regulations of local, state and federal regulatory agencies. Respondent and subcontractors shall not perform maintenance on over-the-road equipment at TDMSs. Maintenance of equipment that typically remain at the TDMS (e.g., track hoes, front end loaders, grinders, etc.) may be conducted at the TDMS provided best management practices are followed and all wastes are managed and disposed of in accordance with all rules and regulations of local, state and federal regulatory agencies. Respondent shall, at its own expense, ensure that noise and dust pollution is minimized to comply with all local and state ordinances and the approval of the City Debris Coordinators. Respondent will comply in a timely manner with all directions of the City Debris Coordinators regarding the use of a water truck or other approved dust abatement measures. Respondent will comply with all federal, state and local laws, rules, regulations and ordinances regarding environmental protection. Respondent will immediately report and document all incidents to the City Debris Coordinators or the authorized representative that affect the environmental quality of TDMS such as, but not limited to, hydraulic fluid leaks, oil spills or fuel leaks. Respondent must notify the City regarding any fluid or chemical spillage so that the City or its authorized representative can review and approve of the cleanup. Payment The City or its authorized representative will monitor, verify and document with load tickets or unit rate tickets the completion of all work, as defined in the scope of work. The Consultant or Provider(s) will be provided with copies of this documentation. These documents will be used by the Consultant or 9 Provider as backup data for invoice submittals. Work not ticketed or not authorized by the City will not be approved for payment. Additionally, any ticket submitted for payment must be properly completed. Tickets missing loading address, truck number, certified capacities, collection monitor signature, disposal site, load call or disposal monitor signature will not be paid, nor will the City be responsible for unpaid incomplete tickets. If requested with written approval by the City, private property debris removal operations will be invoiced separately from ROW collection removal operations. The City reserves the right to request additional invoice separation by debris type: (C&D, vegetative debris, Household Hazardous Waste (HHW) etc.), program (ROW collection, private property debris removal, etc.). Invoices shall be submitted to the Cit�s authorized representative on a bi-weekly basis. All invoices must be submitted in electronic copy (Microsoft Excel format) of the invoice detail. Contact information to send email electronic invoices will be provided at the time of event. The City will pay invoices on a monthly basis. The invoice detail must consist of a tabular report listing all ticket information required by the City. Invoice detail submittals will be checked against City records. City records are the basis of all payment approvals. Only 100 percent accurate and complete invoices shall be forwarded by the City authorized representative to the City for payment. A 5 percent retainage will be withheld from each reconciled invoice until the end of the project. In order to recover the retainage, the Respondent must successfully complete, and receive a letter of completion from the City, for all work zones. Retainage will be held until final reconciliation is complete. The respondent will provide a notarized statement that all sub-contractors have been paid in full prior to payment of the retainage. Portions of the retainage may be held by the City to repair damages caused by the Respondents to public or private property. No separate payment will be made for mobilization and demobilization operations. These costs are to be included in the respective unit prices bid for debris removal and will not be adjusted based on the total amount of debris actually removed in the contract. The Respondent is responsible for payment to all subcontractors utilized for the services rendered within this scope of work. The Respondent shall execute release waivers with all subcontractors to release the City from payment to subcontractors directly. The release waivers for all subcontractors shall be provided to the City prior to final retainage release. Payment for disposal cost incurred by the Respondent at the City approved Final Disposal Sites will be made at the cost incurred by the Respondent. The Respondent must submit a copy of all applicable disposal site permits, a copy of the invoice(s) received by the City approved Final Disposal Site, an electronic copy tabulating all scale or load tickets issued by the City approved Final Disposal Site, and proof of Respondent payment to the City approved Final Disposal Site. Respondent must submit a final invoice within 30 days of completion of scope of work. Completion of scope of work will be acknowledged, in writing, by the City Debris Coordinators. The final invoice must i��7 be marked "FINAL INVOICE" and no additional payments will be made after the Respondent's final invoice. When this contract is activated for an event funded by state or federal funds, the Respondent will comply with all requirements of the state or federal government applicable to the use of the funds. Additionally, when this contract is activated for an event funded by state or federal funds, the City will only pay for those items deemed eligible by the Federal Emergency Management Agency (FEMA�, unless the City othervvise agrees in writing. The Respondent will provide and retain all records pertaining to the services and the contract for these services and make them available to the City for a period of seven years following receipt of final payment for the services referenced herein. III. DEFINITIONS Definitions are provided for those terms listed below. In this section, "Consultant" and "Provider" are used interchangeably and refer to the Respondent(s) selected for a contract award. 1. Agreement Execution — The date on which Consultant or Provider executes and enters into an Agreement with the City to perform the Work for each of the four cities. 2. Agreement Price —The total monies, adjusted in accordance with any provision herein, payable to the Consultant or Provider under this Agreement. 3. Authorized Representative — City employees and/or contracted individuals designated by the Director of Emergency Management or his designated staff contact. 4. Chipping or Mulching—The process of reducing woody material, such as lumber and vegetative debris, by mechanical means into small pieces to be used as mulch or fuel. 5. Cleanup Crew — A group of individuals and/or an individual working for the Consultant or Provider collecting disaster debris. 6. Consultant — the firm seleded for the award of this contract. Also "provider'. The party or parties contracting directly with the City to perform Work pursuant to this Agreement. 7. Construction and Demolition Debris (C&D) — FEMA Publication 325 de�nes eligible construction and demolition (C&D) debris as damaged components of buildings and structures such as: lumber and wood, gypsum wallboard, glass, metal, roofing material, tile, carpeting and floor coverings, window coverings, plastic pipe, concrete, fully cured asphalt, heating, ventilation and air conditioning systems and their components, light fixtures, small consumer appliances, equipment, furnishings and fixtures that are a result of a disaster. Current eligibility criteria include: Debris must be located within a designated disaster area and be removed from an eligible applicanYs improved property or right-of-way. Debris removal must be the legal responsibility of the applicant. Debris must be a result of the major disaster. 8. Contrad —The Agreement Documents specifically identified and incorporated herein. 9. Contract Time —The period of time stated in this Agreement for the completion of the work. 10. City — The City of Lubbock, Texas. 11 11. City Approved Final Disposal Site — A final disposal (ocation approved in writing by the Director of Emergency Management or his designated representative. 12. Debris — Items and materials broken, destroyed or displaced by a natural or man-made federally declared disaster. Examples of debris include, but are not limited to, trees, construction and demolition debris and personal property. 13. Debris Clearance — Clearing roads by pushing debris to the roadside to accommodate emergency traffic. 14. Debris Monitoring — Actions taken by applicants in order to document eligible quantities and reasonable expenses during debris activities to ensure that the work complies with the contract scope-of-work and/or is eligible for federal or state grant reimbursement. 15. Debris Removal — Picking up debris and taking it to a temporary or final debris management site, composting facility, recycling facility, permanent landfill or other reuse or end-use facility. 16. Debris Removal Consultant/Provider—Also referred to as the "Consultant or Provider" in this document, conducts debris removal operations per the terms of the contract. Term includes primary Consultant/Provider(s), sub-consultant/Providers and individual crews. 17. Demobilization — Following the completion of services provided under the resulting contract, the Consultant or Provider will remove all equipment, supplies and other associated materials involved in the services provided to the City. The Consultant or Provider will leave all sites utilized clean and restored to the original state as approved by the City and verified through soil and groundwater samples. 18. Demolition — The act or process of reducing a structure, as defined by the State of Texas or local code, to a collapsed state. It contrasts with deconstruction, which is the taking down of a building while carefully preserving valuable elements for reuse. 19. Department —The Diredor or designee of requesting department(s) named in this solicitation. 20. Disaster Specific Guidance — Disaster Specific Guidance (DSG) is a policy statement issued in response to a specific post-event situation or need in a state or region. Each DSG is issued a number and is generally referred to, along with their numerical identification. 21. Drawings - Collectively, all the drawings, receipt of which is acknowledged by the City, listed in this Agreement, and also such supplementary drawings as the Consultant or Provider may issue from time to time in order to clarify or explain such drawing or to show details which are not shown thereon. 22. Eligible — Eligible means qualifying for and meeting the most current stipulated requirements (at the time written Release Orders are issued and executed by the City to the Consultant or Provider) of the Public Assistance grant program, FEMA Publication 321, FEMA Publication 322, FEMA Publication 323, FEMA Publication 325 and all current FEMA fact sheets, Public Assistance guidelines, guidance documents and disaster specific documents. Eligible also includes meeting any changes in definition, rules or requirements regarding debris removal reimbursement as stipulated by the Federal Emergency Management Agency during the course of a debris removal project. 12 23. Executive Policy Group- a policy group comprised of senior leaders and executives of the City of Lubbock. 24. Emergency Relief Program — Provides fo� the funding of emergency roadway clearing and first pass disaster debris removal on federal aid highways. 25. E-Scrap — End of life electronics, typically televisions, computers and related components. 26. FEMA Publication 325 — Debris Management Guide — This publication is specifically dedicated to the rules, regulations and policies associated with the debris cleanup process. Familiarity with this publication and any revisions, can aid a local government to limit the amount of non- reimbursable expenses. The Debris Management Guide provides the Framework for the debris removal process authorized by the Stafford Act including: Eliminating immediate threats to lives, public health and safety. Eliminating immediate threats of significant damage to improved public or private property. Ensuring the economic recovery of the affected community to the benefit of the Community-at-large. 27. Field Inspector— Monitor or the City's selected Debris Monitoring Firm representative. 28. Force Account Labor— Labor performed by the applicant's permanent, full time or temporary employees. 29. Garbage — Waste that is regularly picked up by an applicant. Common examples of garbage are food and other putrescible waste, packaging, plastics and papers. 30. Grinding — Reduction of disaster-related vegetative debris through mechanical means into small pieces to be used as mulch or fuel. Grinding may also be referred to as chipping or mulching. 31. Hazardous Hangers — A Hanger is a hazardous limb that poses signi�cant threat to the public. The current eligibility requirements for haza�dous hangers according to FEMA Publication 325 are: • The limb must be greater than two inches in diameter; • The limb must be suspended in a tree and threatening a public-use area; and • The limb must be located on improved public property. 32. Hazardous Leaners — A tree is considered hazardous and de�ned as an eligible leaner when the tree's present state is caused by a disaster, the tree poses a significant threat to the public and the tree is six inches in diameter or greater as measured two feet from the ground. The current eligibility requirements for (eaning trees according to FEMA Publication 325 include: • The tree has more than 50 percent (50 %) of the crown damaged or destroyed (requires written documentation from an arborist). • The tree has a split trunk or broken branches that expose the heartwood. • The tree has fallen or been uprooted within a public use area. • The tree is leaning at an angle greater than 30 degrees. 33. Hazardous Stump - A stump is defined as hazardous and eligible for reimbursement if all of the following criteria are met. The current eligibility requirements for hazardous hangers according to FEMA Publication 325 are: 13 • The stump has 50 percent o� more of the root-ball exposed. • The stump is greater than 24 inches in diameter when measured 24 inches from the ground. • The stump is located on a public right-of-way. • The stump poses an immediate threat to public health and safety. 34. Household Hazardous Waste (HHW) — Waste with properties that make it potentially harmful to human health or the environment. Hazardous waste is regulated under the Resource Conservation and Recovery Act (RCRA). In regulatory terms, a RCRA hazardous waste is a waste that appears on one of the four hazardous wastes lists or exhibits at least one of the following four charaderistics: ignitability, corrosively, reactivity or toxicities. • HHW must be located within a designated disaster area and be removed from an eligible applicant's improved property or right-of-way. • HHW removal must be the legal responsibility of the applicant. • HHW must be a result of the major disaster. The collection of commercial disaster related hazardous waste is generally not eligible for reimbursement. The City may utilize existing environmental Consultant/Provider to remove this type of waste in a large- scale debris generating event. 35. Hold Harmless — Generally, a contractual arrangement whereby one party agrees to hold the other party without responsibility for damage or other liability incurred as a result of a particular action or transaction. 36. Liaison — Authorized representative of the Director of Emergency Management who shall act as a Liaison between the City and the Consultant or Provider for all matters pertaining to this Agreement, including review of Consultant or Provider's plans and work. 37. Monitor — Person that observes day-to-day operations of debris removal crews to ensure they are performing eligible work, meeting the City's expectations and contractual requirements and are in compliance with all applicable Federal, State and local regulations. (May also be referred to as a Field Inspector.) 38. Mutual Aid Agreement —A written understanding between communities and States obligating assistance during a disaster. See FEMA RP9523.6, Mutual Aid Agreements for Public Assistance and Fire Management Assistance. 39. National Response Framework (NRF) —A plan developed to facilitate the delivery of all types of Federal assistance to States following a disaster. It outlines the planning assumptions, policies, concept of operations, organizational structures and specific assignments and agencies involved in Federal assistance to supplement State, tribal and local efforts. 40. Outbuilding — Any structure secondary to a house such as a barn, shed or outhouse separated from the main structure. 41. Provider - the firm selected for the award of this contract. Also "consultant". The party or parties contracting directly with the City to perform Work pursuant to this Agreement. 14 42. Recycling — The recovery or use of wastes as a raw material for making products of the same or different nature as the original product. 43. Refrigerant — Ozone depleting compound that must be removed from white goods or other refrigerant containing items prior to recycling or disposal. 44. Regulated Waste — Any waste that is regulated by the EPA, TCEQ or local rules/ordinance. 45. Respondent — any firm who submits a proposal in response to this RFP. The firm or firms selected for an award will then become "consultants" or "providers". 46. Right of Entry — As used by FEMA, the document by which a property owner confers to an eligible applicant or its Consultant or Provider or the United States Army Corps of Engineers the right to enter onto private property for a specific purpose without committing trespass. 47. Right-of-Way — The portions of land over which facilities such as highways, railroads or power lines are built. It includes land on both sides of the facility up to the private property line. 48. Scale/Weigh Station — A scale used to weigh trucks as they enter and leave a landfill. The difference in weight determines the tonnage dumped and a tipping fee is charged accordingly. It also may be used to determine the quantity of debris picked up and hauled. 49. Specifications—The written technical provisions including all appendices thereto, both general and specific, which form a part of the Agreement Documents. 50. Sub-Consultant or Provider— Any person, firm, partnership, joint venture, company, corporation, or entity having a contractual agreement with Consultant or Provider or with any of its sub-Consultant or Providers at any tier to provide a part of the Work called for by this Agreement. 51. Supplemental Agreement — A written order to Consultant or Provider signed by the City and accepted by Consultant or Provider, effecting an addition, deletion or revision in the Work, or an adjustment in the Agreement Price or the Contract Time, issued after execution of this Agreement. 52. Temporary Debris Management Site (TDMS or TDMS) — Site where colleded debris is taken by the Consultant or Provider(s) for staging, separation, reduction, and processing prior to final disposal. 53. Tipping Fee — A fee charged by landfills or other waste management facilities based on the weight or volume of debris dumped. 54. United States Army Corps of Engineers (USACE) —A component of the United States Army �esponsible for constructing and maintaining military installations and other government-owned and controlled facilities. The USACE may be used by FEMA when direct Federal assistance, issued through a mission assignment, is needed. 55. Vegetative Debris — As outlined in FEMA Publication 325, Eligible Vegetative Debris consists of whole trees, tree stumps, tree branches, tree trunks and other leafy material. Vegetative debris will largely consist of mounds of tree limbs and branches piled along the public ROW by residents and volunteers. Current eligibility criteria include: 15 • Debris must be located within a designated disaster area and be removed from an eligible applicant's improved property or right-of-way. • Debris removal must be the legal responsibility of the applicant. • Debris must be a result of the major disaster. 56. Volatile Organic Compounds (VOCs) — VOCs are hydrocarbon compounds that have a low boiling point which allows them to evaporate quickly. Many VOCs are toxic and ground-water contaminants of concern because they may persist in and migrate with groundwater to a drinking-water supply. 57. White Goods — As outlined in FEMA Publication 325, White Goods are defined as discarded disaster related household appliances such as refrigerators, freezers, air conditioners, heat pumps, ovens, ranges, washing machines, clothes dryers and water heaten. White goods can contain ozone-depleting refrigerants, mercury or compressor oils that the federal Clean Air Act prohibits from being released into the atmosphere. The Clean Air Act specifies that only quali�ed technicians can extract refrigerants from white goods before they can be recycled. The eligibility criteria for white goods are as follows: • White goods must be located within a designated disaster area and be removed from an eligible applicanYs improved property or ROW. • White goods removal must be the legal responsibility of the applicant. • White goods must be a result of the major disaster. 58. Work — Any and all obligations, duties and responsibilities, including furnishing equipment, engineering, design, workmanship, labor and any other services or things necessary to the successful completion of the Project, assigned to or undertaken by Consultant or Provider under this Agreement. IV. RESPONOENT QUALIFICATIONS In this section, "Consultant" and "Provider" are used interchangeably and refer to the Respondent(s) selected for a contract award. 1. Respondent must be engaged in the business of providing disaster debris hauling and monitoring for a minimum of five years within the last seven years. 2. Respondent must have the capacity to manage a large workforce and to carry the expenses associated with a major recovery operation prior to the initial Ciry payment and between subsequent payments, as well as the capacity to provide the necessary bonds and insurance. 3. Respondent must have an established management team, an established network of resources to provide the necessary equipment and personnel, comprehensive workforce management, operations, and safety plans, and demonstrable experience in major disaster recovery cleanup projects. 16 4. Respondent must be in good �nancial standing, not in any form of bankruptcy, current in payment of all taxes and fees such as state franchise fees. The City reserves the right to request a copy of vendor's audited or un-audited financial statement. When �nancial statements are requested, the City will review the vendor's audited or un-audited financial statement to this solicitation in accordance with Texas Government Code, Title 10, Subtitle D, Section 2156.007 to evaluate the sufficiency of the vendor's financial resources and ability to perform the contract or provide the service required in the solicitation. The City will be the sole judge in determining the sufficiency of the vendor's financial resources and ability to perform the contract or provide the service. V. SAFETY In this section, "ConsultanY' and "Provider" are used interchangeably and refer to the Respondent(s) selected for a contract award. 1. Respondent must be thoroughly familiar with all prevailing safety measures pertinent to its operation and shall meet or exceed those measures. This shall include, but not necessarily be limited to Environmental Protection Agency (EPA) regulations, State of Texas regulations, local city ordinances, and Occupational Safety and Health Agency (OSHA) regulations. In addition, the Respondent shall be wholly responsible for instructing its employees in these safety measures and seeing that they are fully complied with in every respect. 2. Respondent will provide all required safety signage, barricades, and flashers/strobes. 3. All employees and subcontractors shall follow all applicable safety procedures, safety training certification when required by federal or state law, have immediate access to all appropriate safety equipment, and shall be trained in the use of that equipment. 4. All vehicles and equipment shall have proper safety signage, be fit for their intended purpose, and meet all OSHA, and State of Texas requirements. 5. Contractors discovered working without necessary safety devices or equipment in place will be required to stop all work in progress until adequate equipment has been obtained and approved by to the City Debris Manager. 6. Any hazardous condition or any damage to City property is to be immediately reported to the City's Emergency Operations Center. 7. Respondent will not permit unsafe practices which will be grounds for termination of the contract. VI. SCOpE OF WORK In this section, "ConsultanY' and "Provider" are used interchangeably and refer to the Respondent(s) selected for a contract award. 17 1. Annual Coordination Meeting The successful Consultant or Provider(s) may be asked to attend an annual coordination meeting at the City's facility at no additional cost to the City. 2. Desuiation of Destenated Areas a. The designated area for debris removal (the City right-of-way) is comprised of the incorporated areas for the City and includes public property and Right-of-Way (ROW), City parks and City debris staging areas within the City may include private segments within the jurisdictional boundaries of the City. City Debris Coordinators may also authorize the Consultant or Provider to perform debris removal on non-City roadways or other areas, as directed in writing. b. City Debris Coordinators will authorize and approve which services the Consultant or Provider shall provide from the scope of services and which zones/areas must be prioritized. c. All debris identified by the City Debris Coordinators shall be removed. The number of complete passes the Consultant or Provider shall conduct through each City is at the discretion of the City Debris Coordinators. Partial removal of debris piles is strictly prohibited. The Consultant or Provider shall not move from one designated work area to another designated work area without prior approval from the City or its authorized representative. Any eligible debris, such as fallen trees, which extends onto the ROW from private property, shall be cut at the point where it enters the ROW, and that part of the debris which lies within the ROW shall be removed. The Consultant or Provider shall not enter onto private property during the performance of this contract unless specifically authorized by the City Debris Coordinators in writing. Loose leaves and small debris shall be removed within the designated area. No debris shall be left on the road surface. No single piece of debris larger than three inches in any dimension shall be left at the point of collection. d. Consultant or Provider shall deliver all disaster �elated debris to the City approved Temporary Debris Management Site (TDMS) or City approved Final Disposal Site that has been approved to receive disaster-generated debris and adhere to all local, state and federal regulations. e. All Final Disposal Sites must be approved, in writing, by the City Debris Coordinators. The Consultant or Provider will be responsible for the handling, reduction and final haul- out and disposal of all reduced unreduced debris. TDMS operations and remediation must comply with all local, state and federal safety and environmental standards. The Consultant or Provider reduction, handling, disposal and remediation methods must be approved, in writing, by the City Debris Coordinators. f. Payment for disposal costs such as tipping fees incurred by the Consultant or Provider at a City approved Final Disposal Site that meet local, state and federal regulations for disposal will be reimbursed by the City as a pass-through cost. Prior to reimbursement by the City, the Consultant or Provider must furnish electronic fo�mat scale/weight 18 tickets numbers with load ticket or haul out ticket numbers and other applicable information. The Consultant or Provider will also be required to provide proof of Consultant or Provider payment to the City approved Final Disposal Site. �. The Consultant or Provider shall conduct the work so as not to interfere with the disaster response and recovery activities of local, state and federal governments or agencies, or of any public utilities. h. The City reserves the right to inspect the TDMS, verify quantities and review operations at any time. 3. Temaorary Debris Manasement Sites The Consultant or Provider is responsible for providing a sufficient number of TDMS to support the event in which the contract is adivated. The City has pre-identified potential TDMS for use during a disaster, see attached figure 1. The proposed TDMS must be approved by the City. Depending on the event, the City may provide the Consultant or Provider with TDMS locations within the City. The cost associated with acquiring, preparing, leasing, renting, operating, and remediating land used as TDMS in the City is a cost borne by the Consultant or Provider and compensated based on the Consultant or Provider's bid for site management and reduction of debris. The Consultant or Provider will prepare and maintain the TDMS facility to accept and process all eligible storm debris. Preparation and maintenance of facilities shall include the following: a. Maintaining the TDMS approach and interior road(s) for all weather conditions for the entire period of debris hauling, including provision of crushed concrete for any roads that require stabilization for ingress and egress. b. Ensuring only Consultant or Provider vehicles and others specifically authorized by the City will be allowed to use the TDMS. c. Providing TDMS utilities which include but are not limited to water, lighting, and portable toilets. d. Providing traffic control which includes but is not limited to traffic cones and staff with traffic flags. e. Providing TDMS dust control and erosion control which includes but is not limited to an operational water truck, silt fencing, and other best management practices. f. Providing TDMS fire protection which includes but is not limited to an operational water truck (sufficient and equipped for fire protection), fire breaks, and a site foreman. g. Providing 24-hour site security for each TDMS. h. Restoring the site to its original condition prior to site use. Site remediation includes returning original site grade, sod, and other physical features and street sweeping any paved areas. Site remediation also includes returning the site to its original condition as verified through soil and groundwater samples. Site remediation does not include restoring fencing, concession stands, lighting, and othe� permanent structures that may 19 have to be demolished at the City's direction. The City may also establish designated homeowner drop-off sites. The Consultant or Provider will be responsible for removing all debris from those sites daily. The Consultant or Provider's Operations Manager will assign a Foreman to each TDMS, who will be responsible for the management of all operations of the site, including traffic control, dumping operations, segregation of debris, grinding, fire protection, and safety. The TDMS Foreman will be responsible for monitoring and documenting equipment and labor time and providing the daily operational report to the Consultant or Provider's Operation Manager, who will in turn provide this information to the City. These daily reports must meet the requirements of FEMA or other reimbursement and regulatory governmental agencies. The Consultant or Provider will be responsible for returning all utilized TDMS to their original condition prior to site use. TDMS remediation will include, but is not limited to, returning the original site grade, fill dirt, base material, sod, and other physical features. TDMS site remediation will also include returning all utilized sites to their original condition as verified through soil and groundwater samples. TDMS remediation will abide by all state and federal environmental regulatory requirements and is subject to final approval by the County and the Texas Commission on Environmental Quality (TCEQ). All debris, mulch, etc. is to be removed adequately; fill dirt and/or other base material (if required) must meet standards for intended use; new sod or seeding must meet standards for intended use. 4. Scope of Services Under this contract, work shall consist of coordinating and mobilizing an appropriate number of cleanup crews, as determined by the City Debris Coordinators. Work shall also include the clearing and removing of any and all "Eligible" debris as most currently defined (at the time written notice to proceed is issued to the Consultant or Provider) by the Public Assistance grant program guidelines, Federa) Emergency Management Agency (FEMA) Publication 321— Public Assistance Policy Digest, FEMA Publication 322 — Public Assistance Guide, FEMA Publication 323 — Public Assistance Applicant Handbook, FEMA Publication 325 - Debris Management Guide, all applicable state and federal Disaster Specific Guidance (DSG) documents, FEMA fact sheets and policies and as directed by the City Debris Coordinators. Eligible also includes meeting any changes in definition, rules or requirements regarding debris removal reimbursement as stipulated by FEMA during the course of a debris removal project. The aforementioned definition of "eligible" applies to all uses throughout Scope of Services items 1 through 16. Work will include: i) examining debris to determine whether or not debris is eligible; 2) loading the debris; 3) hauling debris to City approved TDMS or City approved Final Disposal Site(s); 4) reducing disaster related debris; 5) hauling reduced debris to a City approved Final Disposal Site; and 6) disposing of reduced debris at a City approved Final Disposal Site. Debris not defined as eligible by FEMA Publication 325 or state or federal DSGs or policies will not be loaded, hauled or dumped under this contract unless written instructions are given to the Consultant or Provider by the City Debris Coordinato�s. It shall be the Consultant or Providers responsibility to load, transport, reduce and properly dispose of any and all disaster 20 genereted debris which is the result of the event under which the Consultant or Provider was issued notice to proceed, unless otherwise directed by the City Debris Coordinators, in writing. City personnel will complete the initial debris clearance for access from public streets, including the moving of debris to unblock a street. The City intends to perform debris clearance for access within its own forces or under existing contracts between the City and local firms. However, in a significant disaster, these resources may be insufficient to perform the clearance activities in a timely manner and the Consultant or Provider may be directed to perform them. After activation of the contract and after a preliminary damage assessment, the City and the Consultant or Provider, together, will establish a schedule of events depending on the severity of the disaster surrounding the City. This schedule of events shall include the dates for the: • Last pass of the removal of public and/or private vegetative debris • Last pass of the removal of construction and demolition debris These last pass dates shall be very important to both the City and the Consultant or Provider because of the liquidated damages that may be implemented, if the Consultant or Provider does not meet these dates. Scope of services under this contract includes, but is not limited to: a. Emergency Road Clearance Under this contract, work shall consist of all labor, equipment, fuel and associated costs necessary to clear and remove debris from City roadways, to make them passable immediately following a declared disaster. All roadways designated by the Ciry Debris Coordinators shall be clear and passable within 70 working hours of the Notice to Proceed from the City to conduct emergency roadway clearance work. The City may choose to extend the Consultant or Provider's 70-hour limit through a written request. This may include roadways in the City or other governmental agencies under the legal responsibility of the City. Clearance of these roadways will be performed as identified by the City Debris Coordinators. The Consultant or Provider shall assist the City and its representatives in ensuring proper documentation of emergency road clearance activities by documenting the type of equipment and/or labor utilized (i.e., certification), starting and ending times, and zones/areas worked. b. ROW Vegetative Debris Removal Under this contract, work shall consist of all labor, equipment, fuel, traffic control costs and other associated costs necessary to pick up and transport disaster-related vegetative debris existing on the City ROW to a City approved TDMS or an City approved Final Disposal Site in accordance with all federal, state and local rules and regulations. 1. For the purposes of this contract, vegetative debris that is piled in immediate close proximity to the street and is accessible from the street with loading equipment (i.e., not behind a fence or other physical obstacle) will be removed. 2. Removal of vegetative debris existing in the City will be performed as identified by the City Debris Coordinators. 21 3. Once the debris removal vehicle has been issued a load ticket from the Cit�s authorized representative, the debris removal vehicle will proceed immediately to a City approved TDMS or a City approved Final Disposal Site. The debris removal vehicle will not collect additional debris once a load ticket has been issued. 4. All debris will be removed from each location before proceeding to the next location unless directed otherwise by the City or its authorized representative. 5. Entry onto private property for the removal of vegetative hazards will only be permitted when directed by the City or its authorized representative. The City will provide speci�c Right-of-Entry (ROE) legal and operational procedures. 6. The Consultant or Provider must provide traffic control as conditions require or as direded by the City Debris Coordinators. c. ROW C&D Debris Removal Under this contact, work shall consist of all labor, equipment, fuel, traffic control costs and other associated costs necessary to pick up and transport Construction and Demolition (C&D) debris existing on the City ROW to a City approved TDMS of City approved Final Disposal Site in accordance with all federal, state and local rules and regulations. 1. For the purposes of this contract, C&D debris that is piled in immediate close proximity to the street, and is accessible from the street with loading equipment (i.e., not behind a fence or other physical obstacle) will be removed. 2. Removal of C&D debris existing in the City ROW will be performed as identified by the City Debris Coordinators. 3. Once the debris removal vehicle has been issued a load ticket from the Cit�/s authorized representative, the debris removal vehicle will proceed immediately to a City approved TDMS or a City approved Final Disposal Site. The debris removal vehicle will not collect additional debris once a load ticket has been issued. 4. All debris will be removed from each location before proceeding to the next location unless directed othervvise by the City or its authorized representative. 5. Entry onto private property for the removal of C&D hazards will only be permitted when directed by the City or its authorized representative. The City will provide specific ROE legal and operational procedures. 6. The Consultant or Provider must provide traffic control as conditions require or directed by the City Debris Coordinators. d. Demolition, Removal, Transport and Disposal of Non-RACM Strudures Under this contract, work shall consist of all labor, equipment, fuel, traffic control costs and other associated costs necessary to decommission, demolish and dispose of Non- Regulated Asbestos Containing Material (Non-RACM) structures on private property within the jurisdictional limits of the City. Under this service, work will not include Asbestos Containing Material (ACM) testing, decommissioning, structural demolition, 22 debris removal and site remediation as the City currently has a local contract in place for asbestos remediation and abatement. Further, debris generated from the demolition of Non-RACM structures, as well as scattered C&D debris on private property, will be transported to a City approved Final Disposal Site in accordance with all federal, state and local rules and regulations. 1. Decommissioning consists of the removal and disposal of all HHW, E-Scrap, White Goods, and Waste Tires from a Non-RACM structure at a properly sanctioned facility in accordance with all applicable federal, state and local rules and regulations. 2. Any structurally unsound and unsafe structures will be identified and presented to the City for direction regarding decommissioning. 3. Removal and transportation of Non-RACM demolished structures and scattered C&D debris on private property will be performed as directed in writing by the City Debris Coordinators. 4. Once the debris removal vehicle has been issued a load ticket from the Cit�/s authorized representative, the debris removal vehicle will proceed immediately to a City approved Final Disposal Site. The debris removal vehicle will not collect additional debris once a load ticket has been issued. S. Entry onto private property for the removal of C&D hazards will only be permitted when directed in writing by the City or its authorized representative. The City will provide specific Right-of-Entry (ROE) legal and operational procedures for private property debris removal programs if requested. 6. The Consultant or Provider is required to strictly adhere to any and ali local, state and federal regulatory requirements for the demolition, handling and transportation of Non-RACM strurtures (such as obtaining demolition permits, etc.). e. Demolition, Removal, Transport and Disposal of RACM Strudures Under this contract, work shall consist of all labor, equipment, fuel, traffic control costs and other associated costs necessary to decommission, demolish and dispose of RACM structures on private property within the jurisdictional limits of the City. Under this service, work will include ACM testing, decommissioning, structural demolition, debris removal and site �emediation. Further, debris generated from the demolition of structures, as well as scattered C&D debris on private property, will be transported to a City approved Final Disposal Site in accordance with all federal, state and local rules and regulations. i. Decommissioning consists of the removal and disposal of all HHW, E-Waste, White Goods, and Waste Tires from a RACM structure at a properly sanctioned facility in accordance with all applicable federal, state and local rules and regulations. 2. Any structurally unsound and unsafe structures will be identified and presented to the City for direction regarding decommissioning. 23 3. Removal and transportation of RACM demolished structures and scattered C&D debris on private property will be performed as directed in writing by the City Debris Coordinators. 4. Once the debris removal vehicle has been issued a load ticket from the City's authorized representative, the debris removal vehicle will proceed immediately to a City approved Final Disposal Site that accepts RACM debris. The debris removal vehicle will not collect additional debris once a load ticket has been issued. 5. Entry onto private property for the removal of C&D hazards will only be permitted when directed in writing by the City or its authorized representative. The City will provide specific ROE legal and operational procedures for private property debris removal programs if requested. 6. The Consultant or Provider is required to strictly adhere to any and all local, state and federal regulatory requirements for the demolition, handling and transportation of RACM structures (such as obtaining demolition permits, burrito wrapping of debris, etc.). f. TDMS Management, Operations and Redudion Through Grinding Under this contract, work shall consist of all labor, equipment, fuel, traffic control costs and other associated costs necessary to manage and operate TDMS for the acceptance, management, segregation, staging and reduction through grinding of disaster related debris. Grinding must be approved by the City Debris Coordinators prior to commencement of reduction activities. The TDMS layout and ingress and egress plan must be approved by the City Debris Coordinators. 1. The management of TDMS includes assistance in obtaining necessary local, state and federal permits or approval and operating in accordance with all rules and regulations of local, state and federal regulatory agencies which may include, but are not limited, to the U.S. Environmental Protection Agency (EPA) and TCEQ. The Consultant or Provider shall also be responsible for any and all costs associated with third-party groundwater and soil testing. 2. The Consultant or Provider is responsible for operating the TDMS in accordance with Occupational Safety and Health Administration (OSHA), EPA and TCEQ guidelines. 3. Debris at TDMS will be clearly segregated and managed independently by debris type (C&D, vegetative debris, Household Hazardous Waste (HHW) etc.), program (ROW collection, private property debris removal, etc.) and applicant(s). 4. All un-reduced storm debris must be staged separately from reduced debris at the TDMS. S. The Consultant or Provider is responsible for all associated costs necessary to provide TDMS utilities such as, but not limited to, water, lighting and portable toilets. 24 6. The Consultant or Provider is responsible for all associated costs necessary to provide TOMS traffic control such as, but not limited to, traffic cones and staff with traffic flags. 7. The Consultant or Provider is responsible for all associated costs necessary to provide TDMS dust control and erosion control such as, but not Iimlted to, an operational water truck, silt fencing and other best management practices (BMPs). 8. The Consultant or Provider is responsible for all associated costs necessary to provide TDMS fire protection such as, but not limited to, an operational water truck (sufficient and equipped for fire protection), fire breaks and a site foreman. 9. The Consultant or Provider is responsible for all associated costs necessary to provide qualified personnel, as well as lined containers or containment areas, for the segregation of visible contaminants that may be mixed with disaster debris. The Consultant or Provider is also responsible for all associated costs necessary for contaminant disposal at a permitted Hazardous Waste Treatment, Storage and Disposal Facility (TSDF�, as requested by the City. 10. The Consultant or Provider is responsible for providing 24-hour TDMS security. 11. The Consultant or Provider will only permit Consultant or Provider vehicles and others speci�cally authorized by the City or its authorized representative on site�s). 12. The Consultant or Provider shall provide a tower(s) from which the Ciry or its authorized representative can make volumetric load calls. The tower(s) provided by the Consultant or Provider will at a minimum meet the specifications provided in the Technical Specifications of this RFP (See Section IV.4.H below.) Upon completion of haul-out activities, the Consultant or Provider will be responsible for remediating the physical features of the site to its original condition prior to site use. Site remediation will include, but is not limited to, returning the original site grade, sod, and other physical features and street sweeping any paved areas. Site remediation does not include restoring fencing, concession stands, lighting, and other permanent strudures that may have been demolished at the City's direction for TDMS operations. All debris, mulch, etc. is to be removed adequately; fill dirt and/or other base material (if required) must meet standards for intended use; new sod or seeding must meet standards for intended use. Site remediation will also include returning all utilized sites to their original condition as verified through soil and groundwater samples. Site remediation will abide by all state and federal environmental regulatory requirements and is subject to final approval by the City and TCEQ. g. TDMS Management, Operations and Redudion Through Air Curtain Incinerators Under this contract, work shall consist of all labor, equipment, fuel, traffic control costs and other associated costs necessary to manage and operate TDMS for the acceptance, management, segregation, staging and reduction through an Air Curtain Incinerator (ACI) of disaster related debris. ACI reduction must be approved by the City Debris 25 Coordinators, Division of Forestry, TCEQ and any other applicable regulatory agencies as required prior to commencement of reduction activities. TDMS layout and ingress and egress plan must be approved by the City Debris Coordinators. 1. The management of TDMS includes assistance in obtaining necessary local, state and federal permits or approval and operating in accordance with all rules and regulations of local, state and federal regulatory agencies which may include, but are not limited, to EPA and TCEQ. The Consultant or Provider shall also be responsible any and all costs associated with third-party groundwater and soil testing. 2. The Consultant or Provider is responsible for operating the TDMS in accordance with OSHA, EPA and TCEQguidelines. 3. Debris at TDMS will be clearly segregated and managed independently by debris type (C&D, vegetative debris, Household Hazardous Waste (HHW) etc.), program (ROW collection, private property debris removal, etc.) and applicant(s). 4. All un-reduced storm debris must be staged separately from reduced debris at the TDMS. 5. The Consultant or Provider is responsible for ali associated costs necessary to provide TDMS utilities such as, but not limited to, water, lighting and portable toilets. 6. The Consultant or Provider is responsible for all associated costs necessary to provide TDMS traffic control such as, but not limited to, traffic cones and staff with traffic flags. 7. The Consultant or Provider is responsible for all associated costs necessary to provide TDMS dust control and erosion control such as, but not limited to, an operational water truck, silt fencing and other BMPs. 8. The Consultant or Provider is responsible for all associated costs necessary to provide TDMS �re protection such as, but not limited to, an operational water truck (su�cient and equipped for �re protection), �re breaks and a site foreman. 9. The Consultant or Provider is responsible for providing 24-hour TDMS security and fire watch. 10. The Consultant or Provider will only permit Consultant or Provider vehicles and others speci�cally authorized by the City or its authorized representative on site(s). li. The Consultant or Provider shall provide a tower(s) from which the City or its authorized representative can make volumetric load calls. The tower(s) provided by the Consultant or Provider will at a minimum meet the specifications provided in Section IV.4.H below. 26 12. The Consultant or Provider is responsibie for all associated costs necessary to test residual ash from processing for arsenic and other Volatile Organic Compounds (VOCs) as deemed necessary based on TDMS operations. Upon completion of haul-out activities, the Consultant or Provider will be responsible for remediating the site to its original condition prior to site use. Site remediation will include, but is not limited to, returning the original site grade, sod, and other physical features and street sweeping any paved areas. Site remediation does not include restoring fencing, concession stands, lighting, and other permanent structures that may have been demolished at the City's direction for TDMS operations. All debris, mulch, etc. is to be removed adequately; fill dirt and/or other base material (if required) must meet standards for intended use; new sod or seeding must meet standards for intended use. Site remediation will also include returning all utilized sites to their original condition as verified through soil and groundwater samples. Site remediation will abide by all state and federal environmental regulatory requirements and is subject to �nal approval by the City and TCEQ. h. Inspection Towers As directed by the City, the Consultant/Provider shall provide an inspection tower at each Debris Management Site (DMS) and disposal site, as described below or approved equivalent. The tower shall be of sound construction. The inspection tower shall comply with standard OSHA requirements and local codes, withstand a 45 mph wind load, provide adequate height to enable inspectors to view over the protective rail down into the loaded debris hauling containers, and have a minimum covered working area of 8 feet X 12 feet. The tower is for the purpose of the City/Monitor viewing and grading loads. FEMA and the state emergency management agency may occupy the tower at their discretion for QA/QC purposes. Others may use the inspector tower to view loads under special circumstances. If the inspection tower does not allow for full view of the entire waste hauling vehicle, load ratings will be based on the portion of the vehicle visible from the tower. i. TDMS Management, Operations and Reduction Through Controlled Open Burning Under this contract, work shall consist of all fabor, equipment, fuel, traffic control costs and other associated costs necessary to manage and operate TDMS for the acceptance, management, segregation, staging and reduction through controlled open air burning of disaster related debris. Controlled open air burning must be approved by the Ciry Debris Coordinators, City Fire Marshal, Texas Forest Service, TCEQ and any other applicable regulatory agencies as required prior to commencement of reduction activities. TDMS layout and ingress and egress plan must be approved by the City Debris Coordinators. i. The management of TDMS includes assistance in obtaining necessary local, state and fede�al permits or approval and operating in accordance with all rules and regulations of local, state and federal regulatory agencies which may include, but are not limited, to EPA and TCEQ. The Consultant or Provider shall also be 27 responsible for any and all costs associated with third-party groundwater and soil testing. 2. The Consultant or Provider is responsible for operating the TDMS in accordance with OSHA, EPA and TCEQ guidelines. 3. Debris at TDMS will be clearly segregated and managed independently by debris type (C&D, vegetative debris, Household Hazardous Waste (HHW) etc.), program (ROW collection, private property debris removal, etc.) and applicant(s). 4. All un-reduced storm debris must be staged separately from reduced debris at the TDMS. S. The Consultant or Provider is responsible for all associated costs necessary to provide TDMS utilities such as, but not limited to, water, lighting and portable toilets. 6. The Consultant or Provider is responsible for all associated costs necessary to provide TDMS traffic control such as, but not limited to, traffic cones and staff with traffic flags. 7. The Consultant or Provider is responsible for all associated costs necessary to provide TDMS dust control and erosion control such as, but not limited to, an operational water truck, silt fencing and other BMPs. 8. The Consultant or Provider is responsible for all associated costs necessary to provide TDMS fire protection such as, but not limited to, an operational water truck (sufficient and equipped for �re protection), fire breaks and a site foreman. 9. The Consultant or Provider is responsible for all associated costs necessary to provide qualified personnel, as well as lined containers or containment areas, for the segregation of visible HHW/contaminants that may be mixed with disaster debris. The Consultant or Provider is also responsible for all associated costs necessary for HHW/contaminant disposal at a permitted TSDF, as requested by the City. The cost associated with qualified personnel and lined containers/containment areas for HHW/contaminant segregation, as well as HHW/contaminant disposal from TDMS locations, is a cost reflected in this scope of services item 13. Depending on the volume of HHW per TDMS location, the City may choose to collect and dispose of HHW segregated from disaster debris at TDMS locations. 10. The Consultant or Provider is responsible for providing 24-hour TDMS security and fire watch. 11. The Consultant or Provider will only permit Consultant or Provider vehicles and others specifically authorized by the City or its authorized representative on site(s). 12. The Consultant or Provider shall provide a tower(s) from which the City or its authorized representative can make volumetric load calis. The tower(s) provided by 28 the Consultant or Provider will at a minimum meet the specifications provided in this RFP. 13. The Consultant or Provider is responsible for all associated costs necessary to test residual ash from processing for arsenic and other VOCs as deemed necessary based on TDMS operations. 14. Upon completion of haul-out activities, the Consultant or Provider will be responsible for remediating the site to its original condition prior to site use. Site remediation will inciude, but is not limited to, returning the original site grade, sod, and other physical features. Site remediation does not include restoring fencing, concession stands, lighting, and other permanent structures that may have been demolished at the City's direction for TDMS operations. All debris, mulch, etc. is to be removed adequately; fill dirt and/or other base material (if required) must meet standards for intended use; new sod or seeding must meet standards for intended use. Site remediation will also include returning all utilized sites to their original condition as verified through soil and groundwater samples. Site remediation will abide by all state and federal environmental regulatory requirements and is subject to final approval by the City and TCEQ. j. Haul-0ut of Reduced Debris to a City Approved Final Disposal Site Under this contract, wo�k shall consist of all labor, equipment, fuel, traffic control costs and associated costs necessary to load and transport reduced material such as ash, compacted C&D or mulch existing at a City approved TDMS to a City approved Final Disposal Site in accordance with all federal, state and local rules and regulations. The Consultant or Provider shall not receive any payment from the City for haul-out or load tickets related to reduced or un-reduced debris transported and disposed of at a non- City approved Final Disposal Site. k. Removal of Hazardous leaning Trees and Hangin� limbs Under this contract, work shall consist of all labor, equipment, fuel, traffic control costs and other associated costs necessary to remove all hazardous trees six inches or greater in diameter, measured four-and-a-half feet from the base of the tree and hazardous hanging limbs two inches or greater in diameter when measured at the break existing on the City ROW. Debris generated from the removal of hazardous trees and hanging limbs two inches or greater existing in the City ROW will be placed in the safest possible location on the City ROW and subsequently removed. Hazardous leaning trees less than six inches in diameter, measured four-and-a-half feet from the base of the tree, will be flush cut, loaded and �emoved. The City will not compensate the Consultant or Provider for cutting leaning trees less than six inches in diameter on a unit rate basis. The collection of all hazardous leaning trees and hazardous hanging limbs must be performed on the same day as the cut work. If there is insufficient room for safe placement along the City ROW then the Consultant or Provider must load the resulting debris as hazardous leaning tree or hazardous hanging limbs as they are removed. 1. Hazardous trees will be identified by the City or its authorized representative for removal. Removal and placement of hazardous trees six inches or greater in 29 diameter existing on the City ROW or private property will be pe�formed as identified by the City Debris Coordinators. All disaster specific eligibility guidelines regarding size and diameter of leaning trees will be communicated to the Consultant or Provider, in writing, by the City Debris Coordinators. In order for leaning or hazardous trees to be removed and eligible for reimbursement, the tree must satisfy a minimum of one of the following requirements: i. The tree is leaning in excess of 30 degrees in a direction that poses an immediate threat to public health, welfare and safety. ii. The tree is dead, twisted or mangled as a direct result of the storm and a certified Arborist can attest to the fact that the tree will die, and potentially create a falling hazard to the public. iii. Over fifty pe�cent (50%) of the tree crown is damaged or broken and heartwood is exposed. iv. The tree has a split trunk that exposes heartwood. 2. Removal and placement of hazardous hanging limbs two inches or greater in diameter existing on the City ROW or private property will be performed as identified by the City Debris Coordinators. All disaster specific eligibility guidelines regarding size and diameter of limbs will be communicated to the Consultant or Provider, in writing, by the City Debris Coordinators. In order for hanging limbs to be removed and eligible for payment, the limb must satisfy all of the following requirements: i. The limb is greater than two inches in diameter. ii. The limb is still hanging in a tree and threatening a public-use area. iii. The limb is located on improved public property. I. Removal of Hazardous Stumps Under this contract, work shall consist of all labor, equipment, fuel, traffic control costs and other associated costs necessary to remove hazardous uprooted stumps greater than 24 inches in diameter, measured 24 inches from the base of the tree existing on the City ROW. Further, debris generated from the removal of uprooted stumps existing on the City ROW will be transported to a City approved TDMS or a City approved Final Disposal Site in accordance with all federal, state and local rules and regulations. Hazardous stumps measured 24 inches from the base of the tree and 24 inches or less in diameter will be considered normal vegetative debris and removed in accordance with scope of services item 2. The diameter of stumps less than 24 inches will be converted into a cubic yardage volume based on the most current version of Public Assistance Program and Policy Guide, FEMA, FP 104-009-2, Stump Conversion Table. When specialized equipment is required for loading and hauling of stumps 2 feet in diameter or greater with no extraction required, payment will be on a per stump basis 30 utilizing the unit price of vegetative debris and the cubic yard quantity shall be derived from the stump conversion table in the most current version of Public Assistance Program and Policy Guide, FEMA, FP 104-009-2, Stump Conversion Table. 1. Hazardous stumps will be identified by the City or its authorized representative for removal. Removal and transportation of hazardous uprooted stumps existing on the City ROW or private property will be performed as identified by the City Debris Coordinators. All disaster specific eligibility guidelines regarding size and diameter of hazardous stumps will be communicated to the Consultant or Provider, in writing, by the City Debris Coordinators. In order for hazardous stumps to be removed and eligible for reimbursement, the stump must satisfy the following criteria: i. Fifty percent (50 %) or more of the root ball is exposed. ii. The stump is on City ROW and poses an immediate threat to public health, safety or welfare. Tree stumps that are not attached to the ground will be considered normal vegetative debris and subject to removal under the terms and conditions of scope of services item 2. Stumps with less than 50 percent (50 °�) of the root ball exposed shall be flush cut to the ground. The stump portion of the tree will not be removed but the residual debris (i.e. tree trunk) will be removed under the terms and conditions of this RFP. The cubic ya�d volume of unattached stumps will be based off of the diameter conversion using the published FEMA stump conversion table. The City or its authorized representative will measure and certify all eligible stumps prio� to removal. m. Sand, Silt, and Debris Removal from Detention/Retention Structure Under this element, work shall consist of all labor, equipment, fuel, traffic control costs, and other associated costs necessary to collect sand, silt, and debris from City detention/retention structures and transport to a City approved final disposal site in accordance with all federal, state, and local rules and regulations. 1. For the purposes of this element, sand, silt, and debris existing in City detention/retention structures will be removed to a depth designated by the City or the City's authorized representative. 2. Once the deb�is removal vehicle has been issued a load ticket from the Cit�/s authorized representative, the debris removal vehicle will proceed immediately to a City approved final disposal site. The debris removal vehicle will not collect additional debris once a load ticket has been issued. n. Household Hazardous Waste Removal Transport and Disposal Under this contract, work shall consist of all labor, equipment, fuel, traffic control costs and other associated costs necessary for the removal, transportation and disposal of HHW from the ROW to the TDMS. 1. The removal, transportation and disposal of HHW includes obtaining all necessary local, state and federal handling permits and operating in accordance with all rules and regulations of local, state and federal regulatory agencies. 31 2. All HHW shall be managed as hazardous waste and disposed of at a permitted TSDF or acceptable recycling facility. The facility for recycling or final disposal site must be approved in writing by the City. o. ROW White Goods Debris Removal Under this contract, work shall consist of all labor, equlpment, fuel, tra�c control costs and other associated costs necessary for the collection of white goods from the ROW, removal of refrigerants, transportation to a City approved TDMS, decontamination, and transportation to a City approved facility for recycling or final disposal. The facility for recycling or final disposal site must be approved in writing by the City. White goods containing refrigerants must first have such refrigerants removed by the Consultant or Provider's qualified technicians prior to mechanical loading. White goods can be collected without first having refrigerants removed if the white goods are manually placed into a hauling vehicle with lifting equipment so that the elements containing refrigerants are not damaged. 1. The removal, transportation, and recycling or final disposal of white goods includes obtaining all necessary local, state and federal handling permits and operating in accordance with all rules and regulations of local, state and federal regulatory agencies. 2. All white goods containing food items shall be decontaminated in accordance with local, state and federal law prior to recycling. 3. The Consultant or Provider shall recycle or dispose of all white goods in accordance with all rules and regulations of local, State and federal regulatory agencies. 4. Refrigerant containing items wiil have such refrigerants removed prior to mechanical loading or will be manually loaded and hauled to a City approved TDMS for refrigerant removal by the Consultant or Provider's qualified technicians. p. Dead Animal Carcasses Under this element, work shall consist of all labor, equipment, fuel, traffic control costs and other associated costs necessary for the removal, transportation, and lawful disposal of dead animal carcasses from the ROW to a City approved Final Disposal Site. The Consultant or Provider shall coordinate activities the City and appropriate state agencies, if needed. Disposal of animal carcasses must be compliant with the Texas Department of Agriculture and TCEQ rules for handling, solid waste, and air quality. The contractor shall coordinate directly with our Animal Services department in determining appropriate actions for the disposal. q. Other Debris Removal Work Neither the Consultant or Provider nor any subConsultant/Providers shall solicit work from private citizens or others to be performed in the designated work areas during the term of this agreement. The City reserves the right to require the Consultant or Provider to dismiss or remove from the project any workers as the City sees necessary. Any debris removal vehicles dismissed from the projed must have their issued placard removed and destroyed. 32 EXHIBIT B REQUIRED FORMS CONTINUED Document 00435 DOCUMENT 00435, REQUIRED BYALL PROPOSERS WHO WILL RECEIVE FEDERAL FUNDS IN PAYMENT OF PROCUREMENT. PROPOSER'S CERTIFICATION R�GARDING DEBARMENT, SUSP�NSION, INELIGIBILITYAND VOLUNTARY EXCLUSION (49 CFR PART 29) The undersigned certifies, by submission of this proposal or acceptance of this contract, that neither Contractor nor its principals is presently debarred, suspended proposed for debarment, declared ineligible, or voluntary excluded from participation in this transaction by any Federal department or agency. Proposer agrees that by submitting this proposal that Proposer will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the Proposer or any lower tier participant is unable to certify to this statement, that participant shall attach an explanation to this document. Certiiication-the above information is true and complete to the best of my knowledge and belief. Ashley Ramsay-Naile (Printed or tvned Name of Signatory) l�r��r � (Signature) 10/21 /2024 (Date) NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001 END OF DOCUMENT 00435-FAA THIS DOCUM�NT MUST BE COMPLETED, SIGNED, AND SUBMITTED WITH EACH PROPOSAL. p. I NO GOVERNMENT OBLIGATION TO THIRD PARTIES The Owner and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Owner, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. Ashley Ramsay-Naile (printed name of signatory) _� 10/21 /2024 (signature and date) THIS DOCUMENT MUST BE COMPLETED, SIGNED, AND SiJBMITTED WITH EACH PROPOSAL. p2 PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS 31 U.S.C. 3801 et s eq. Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq., "Administrative Remedies for False Claims and Statements," apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. Ashley Ramsay-Naile (printed name of signatory) �`� - ns'"� � 10/21 /2024 (signature and date) THIS DOCUMENT MUST BE COMPLETED, SIGNED, AND SUBMITTED WITH EACH PROPOSAL. p. 3 ACCESS TO RECORDS AND REPORTS The following access to records requirements apply to this contract: (1) The contractor agrees to provide (insert name of state agency or local or Indian tribal government), (insert name of recipient), the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract." Ashley Ramsay-Naile (printed name of signatory) ��� � 10/21 /2024 (signature and date) THIS DOCUMENT MllST BE COMPLETED, SIGNED, AND SUBMITTED WITH EACH PROPOSAL p. 4 EQUAL EMPLOYMENT OPPORTUNITY 29 CFR Part 1630, 41 CFR Parts 60 et s eq. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employrnent because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24,1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. CONTINUED NEXT PAGE p. 5 EQUAL EMPLOYMENT OPPORTUNITY 29 CFR Part 1630, 41 CFR Parts 60 et s eq. GONTINUED (7) The contractor will include �te portion of the sentence irr�mediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States." � ' �R Ashley Ramsay-Naile 10/21/2024 (printed name of signatory) (signature and date) THIS DOCUMENT ML]ST BE COMPLETED, SIGNED, AND SUBMITTED WITH EACH PROPOSAL p. 6 CROW�ER EQUAL EMPLOYMENT OPPORTUNITY AFFIRMATIVE ACTION PROGRAM ADMINISTRATIVE OFFICE 5629 Commerce Blvd East Mobile, AL 36619 OFFICE : 800-992-6207 FAX :251-459-7433 This company is an equal employment opportunity employer. It is the policy of this company to assure that applicants are employed, and that applicants are treated during employment, without regard to their race, religion, sex, color, national origin, age, disability, veteran status, military obligations, genetic information or any other characteristics protected by law. Such action shall include: employment, upgrading, demotion, transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre-apprenticeship, andlor on-the-job-training. 1. Publication and dissemination of this company's written policy of equal employment opportunity. A. Each employee is informed that we are an equal opportunity employer and where our policy is posted. B. Our policy is reviewed annually, or more frequently if required by contract, with all supervisory personnel. 2. Appointment of Equal Employment Officer charged with the responsibility of securing compliance and advising corporate Officials of progress. Equal Employment Officer: Mary G. White Office #: 251-478-6848 Email: hra(�.crowderQulf.com 3. Notification of all recruitment sources that the company, as an equal opportunity employer, solicits referral of qualified applicants without regard to race, religion, sex, color, national origin, age, disability, veteran status, military obligations, genetic information or any other characteristics protected by law. 4. The upgrading and promotion of employees shall be made based on qualifications and ability without regard to race, religion, sex, color, national origin, age, disability, veteran status, military obligations, genetic information or any other characteristics protected by law. 5. We request from all employees, especially minorities and females, that they refer any qualified friends or relatives to us for employment. 6. All company facilities and activities shall be non-segregated. 7. All Advertisements for employment shall contain the statement, "We are an Equal Opportunity Employer". 8. We continuously monitor, control, evaluate, and obtain feedback in regard to the application of our Equal Employment Opportunity policy at all levels. 9. All personnel activities shall be monitored to ensure that this Equal Employment Opportunity policy is being carried out. 10. CrowderGulf complies with all federal and state laws and regulations regarding Equal Employment Opportunity. 11. In succession to the previous EEO Officer, effective Mary G. White was appointed EEO Officer for the company effective 8/15/2011. Any person who believes he or she has been discriminated against should direct their complaint to Mary G. White. _� ;�� President GOVERNMENT-WIDE SUSPENSIOIV AND DEBARMENT By signing and submitting its bid or proposal, the bidder or proposer agrees to comply with the following: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. §180.995), or its affiliates (defined at 2 C.F.R. §180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact re lie d upon by (insert n me of subrecipient). If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to (name of state agency serving a s recipient and name of subrecipient), the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bid r or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tie r cove red transactions. Ashley Ramsay-Naile (printed name of signatory) F _, I ,Q ��4'�� 10/21 /2024 (signature and date) THIS DOCUMENT MUST BE COMPLETED, SIGNED, AND SUBMITTED WITH EACH PROPOSAL R. � CONTRACT WORK HOURS AND S AFETY STANDARDS ACT 29 CFR § 5.5(b) (1) Overtime requirements - No contractor or subcontractor contracting for any part of the contract work which may require or involve the employsnent of laborers or mechanics shall re quire or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such work wee k unless such laborer or mechanic receives compensation a t a rate not le ss than one and one-half times the basic rate of pa y for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individua 1 was required or pernutted to work in excess of the standard work wee k of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages — The Owner shall, upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or ca use to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. CONTINUED NEXT PAGE p. 8 CONTRACT WORK HOURS AND S AFETY STANDARDS ACT 29 CFR § 5.5(b) CONTINUED (4) Subcontracts - Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) of this section and also a clause requiring the subcontractors to include these clause s in any lower tie r subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tie r subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. Ashley Ramsay-Naile (printed name of signatory) �"���'""°°'� �"�` 10/21 /2024 (signature and date) THIS DOCUMENT MUST BE COMPLETED, SIGNED, AND SUBMITTED WITH EACH PROPOSAL p. 9 DAVIS BACON ACT AND COPELAND ANTI-KICKBACK ACT 1. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. 2. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. 3. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12." �- � Ashley Ramsay-Naile (Printed Name of Signatory) � � 10/21 /2024 ;�� (Signature and Date) THIS DOCUMENT MUST BE COMPLETED, SIGNED, AND SUBMITTED WITH EACH PRaPOSAL p- i n LOBBYiNG Bvrd Anti-Lobbving Amendment, 3 1 U.S.C. § 13 5 2(as amended� Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tie or above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tear up to the recipient. APPENDIX A, 4 4 C. F. R. PART 18 — CERTIFICATION REGARDING LOBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with e ach bid or offer exceeding $100,000) The undersigned Contractor certifies, to the best of his or her knowledge, that: 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. CONTINUED NEXT PAGE p. i 1 LOBBYING CONTINUED This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. §(as amended by the Lobbying Disclosure Act of 1995). Any person who fails to the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor, CrowderGulf, LLC , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq apply to this certification and disclosure, if any. Executed this 21 st day of October � 20 24 I� Y Signature of Bidder/Contractor /Subcontractor's Authorized Official Ashley Ramsay-Naile Printed Name of Bidder/Contractor /Subcontractor's Authorized Official President Title of Authorized Ofiicial THIS DOCUMENT MUST BE COMPLETED, STGNED, AND SUBMITTED WITH EACH PROPOSAL p. i 2 CLEAN AIR 42 U.S.C. § 7401 et s eq. Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Contractor agrees to report each violation to the Owner and understands and agrees that the Owner will, in turn, report each violation as required to assure notification to the State of Texas, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. Contractor also agrees to include these requirements in each subcontract exceeding $150,000 imanced in whole or in part with Federal assistance provided by FEMA. Ashley Ramsay-Naile (printed name of signatory) ��'"'°°�'�'"�'` 10/21 /2024 (signature and date) CLEAN WATER REQUIREMENTS 33 U.S.C. 1251 e t s eq. Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. Contractor agrees to report each violation to the Owner and understands and agrees that the Owner will, in turn, report each violation as required to assure notification to the State of Texas, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. Contractor also agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provide d by FEMA. Ashley Ramsay-Naile (printed name of si�natory) �"��"""°°� � 10/21 /2024 (signature and date) THIS DOCUMENT MUST BE COMPLETED, SIGNED, AND SUBMI'I�`I'ED WITH EACH PROPOSAL p- i 3 PROCUREMENT OF RECOVERED MATERIALS 42 U.S.C. 6962 (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA- designated items unless the product cannot be acquired— (i) Competitively within a time frame providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement, along with the list of EPA-designate items, is available at EPA's Comprehensive Procurement Guidelines web site, http s :Ilwww.epa.govlsrrtmlcomprehensive-procurement-Quideline-cp�program. Ashley Ramsay-Naile (printed name of signatory) ��"'°"� � 10/21 /2024 (signature and date) DEPARTMENT OF HOMELAND SECURITY SEAL, LOGO, AND FLAGS The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. Ashley Ramsay-Naile (printed name of signatory) ��°°�"� 10/21 /2024 (signature and date) THIS DOCUMENT MUST BE COM�'LETED, STGNED, AND SUBMI"�'TED WITH EACH PROPOSAL p. f 4 COMPLIANCE WITH FEDER.AL LAW, REGULATIONS, AND EXECUTIVE ORDERS This is an acknowledgment that FEMA financial assistance will be used to fund the contract only. The contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. Ashiey Ramsay-Naile (printed name of signatory) �r`�^� � 10/21 /2024 (signature and date) THIS DOCUMENT MUST BE COMPLETED, SIGNED, AND SUBMITTED WITH EACH PROPOSAL p. i5 E-VERIFY PROGRAM The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system, in accordance with the terms governing use of the system, to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract. In addition, Contractor shall require any subcontractors performing work or providing services pursuant to the Contract to verify the employment eligibility of all new employees hired by the subcontractor during the term of the Contract. The Contractor shall provide to the City, within thirty (30) days of the effective date of this Contract, documentation of such enrollment in the form of a copy of the E-Verify "Edit Company Profile" screen", which contains proof of enrollment in the E- Verify Program (this page can be accessed from the "Edit Company Profile" link on the left navigation menu of the E-Verify employer's homepage). Contractor further agrees that it will require each subcontractor that performs work under this Contract to enroll and participate in the E-Verify Program on the same terms as Contractor. Contractor shall obtain from its subcontractor(s) a copy of the "Edit Company Profile" screen indicating enrollment in the E- Verify Program and make such record(s) available to the Owner upon request. Company Name: CrowderGulf, LLC Printed Name of Company Representative: Ashley Ramsay-Naile Signature: ����` j� Title: President Date: 10/21 /2024 BID / RFP Number: RFP 25-18100-TF Debris Management during FEMA Activated/Qualifying Reimbursement Events THIS DOCUMENT M[]ST BE COMPLETED, SIGNED, WITH EACH PROPOSAL g. � � - eri . Company ID Number: 312220 �*�. . a 4 � �, `F � ��+Mo s� Information Required forthe E-Verify Program Information relating to your Company: CrowderGulf LLC / CrowderGulf Joint Venture, Inc. Company Name 5629 Commerce Blvd E Mobile, AL 36619 Company Facility Address Company Alternate Address County or Parish MOBILE EmployerldentificationNumber 010626019 North American Industry 562 Classification Systems Code Parent Company Number of Employees 2o to 99 Number of Sites Verified for 1 site(s) Page 14 of 17 E-Verify MOU for Employers � Revision Date 06/O1/13 City of Lu�bock EXHIBIT B RFP 25-18100-TF Debris Management during FEMA Activated/Qualifying Reimbursement Events Proposal Price Sheet CrowderGulf, LLC Location Mobile, AL Total Cost: $2,439.95 # Item Description Quantity Required (+/-) UOM Unit Total Price Cost • � -- - 0-15 Miles Veg from Right-of-Way (ROW) to Debris # 1-1 Management Site (DMS) Vegetative collect and remove I CY $12.00 $12.00 for a haul distance up to 15 miles #1-2 Management Site (DMS) Vegetative collect and remove t CY $13.00 $13.00 31-60 Miles Veg from Right-of-Way (ROW) to Debris #1-3 Management Site (DMS) Vegetative collect and remove 1 CY $14.00 $14.00 for a haul distance between 31 and 60 miles 60 + Miles Veg from Right-of-Way (ROW) to Debris #1-4 Management Site (DMS) Vegetative collect and remove 1 CY $16.00 $16.00 for a haul distance of 60+ miles 0-15 Miles Veg from Right-of-Way (ROV� to Final #2-1 Disposition Vegetative collect and remove for a haul distance up to 15 miles 16-30 Miles Veg from Right-of-Way (ROW) to Final #2-2 Disposition Vegetative collect and remove for a haul distance between 16 and 30 miles 31- 60 Miles Veg from Right-of-Way (ROW) to Final #2-3 Disposition Vegetative collect and remove for a haul distance of 60+ miles 60 + Miles Veg from Right-of-Way (ROW) to Final #2-4 Disposition Vegetative collect and remove for a haul distance of 60+ miles #3-1 Grinding Grinding/chipping vegetative debris #3-2 Air Curtain Burning Air Curtain Burning vegetative debris (Include Costs of Air Curtain Burner) Air Curtain Burning Above Ground Air Curtain Burning #3-3 (Burner Box) of vegetative debris (Include Costs of Box Burner) #3-4 Open Burning Open Burning vegetative debris #3-5 Compacting Compacting vegetative debris Debris Management Site Management Preparation, #3-6 manaQement, and seQreQatinQ at DMS 0-15 Miles Reduced Veg from Debris Management Site #4-1 (DMS) to Final Disposition Vegetative collect and remove for a haul distance up to 15 miles 1 CY $16.00 1 CY $18.00 1 CY $20.00 1 CY $24.00 1 CY 1 CY 1 CY 1 CY 1 CY 1 CY I CY $4.95 $4.00 $3.75 $3.75 $3.00 $1.00 � $4.50 $16.00 $18.00 $20.00 $24.00 _ $4.95 $4.00 $3.75 $3.75 $3.00 $1.00 � $4.50 City of Lubbock RFP 25-18100-TF Debris Management during FEMA Activated/Qualifying Reimbursement Events Proposal Price Sheet �_2 16-30 Miles Reduced Veg from Debris Management Site 1 CY $6.50 $6.50 (DMS) to Final Disposition Vegetative collect and remove for a haul distance between 16 and 30 miles �_3 31-60 Miles Reduced Veg from Debris Management Site 1 CY $7.50 $7.50 (DMS) to Final Disposition Vegetative collect and remove for a haul distance between 31 and 60 miles 60 + Miles Reduced Veg from Debris Management Site #4-4 (DMS) to Final Disposition Vegetative collect and 1 CY $9.50 $9.50 remove for a haul distance of 60+ miles .� � - 0-15 Miles C&D from Right-of-Way (ROW) to Debris #5-1 Management Site (DMS) C&D collect and remove for a 1 CY $12.00 $12.00 haul distance up to 15 miles 16-30 Miles C&D from Right-of-Way (ROW) to Debris #5-2 Management Site (DMS) C&D collect and remove for a 1 CY $13.00 $13.00 haul distance between 16 and 30 miles 31-60 Miles C&D from Right-of-Way (ROW) to Debris #5-3 Management Site (DMS) C&D collect and remove for a 1 CY $14.00 $14.00 haul distance between 31 and 60 miles 60 + Miles C&D from Right-of-Way (ROW) to Debris #5-4 Management Site (DMS) C&D collect and remove for a 1 CY $16.00 $16.00 haul distance of 60+ miles • � • � i • • • 0-15 Miles C&D from Debris Management Site (DMS) to #6-1 Final Disposition C&D collect and remove for a haul 1 CY $8.00 $8.00 distance up to 15 miles 16-30 Miles C&D from Debris Management Site #6-2 (DMS)to Final Disposition C&D collect and remove for a 1 CY $9.00 $9.00 haul distance between 16 and 30 miles 31-60 Miles C&D from Debris Management Site (DMS) #6-3 to Final Disposition C&D collect and remove for a haul 1 CY $12.00 $12.00 distance between 31 and 60 miles 60 + Miles C&D from Debris Management Site (DMS) to #6-4 Final Disposition C&D collect and remove for a haul 1 CY $14.00 $14.00 distance of 60+ miles � � � • �• • 60 + Miles C&D from Debris Management Site (DMS) to #7-1 Final Disposition C&D collect and remove for a haul 1 CY $5.00 $5.00 distance of 60+ miles 16-30 Miles Reduced Veg from Debris Management Site #7-2 (DMS) to Final Disposition C&D collect and remove for 1 CY $7.00 $7.00 a haul distance between 16 and 30 miles 31-60 Miles Reduced Veg from Debris Management Site #7-3 (DMS) to Final Disposition C&D collect and remove for 1 CY $9.00 $9.00 a haul distance between 31 and 60 miles 60 + Miles C&D from Right-of-Way (ROW) to Final #7-4 Disposition C&D collect and remove for a haul distance 1 CY $11.00 $11.00 of 60+ miles City of Lubbock RFY 25-18100-TF Debris Management during FEMA Acti��ated/Qualifying Reimbursement Events Proposal Price Sheet 0-15 Miles C&D from Right-of-Way (ROW) to Final #8-1 Disposition C&D collect and remove for a haul distance up to 15 miles 16-30 Miles C&D from Right-of-Way (ROW) to Final #8-2 Disposition C&D collect and remove for a haul distance between 16 and 30 miles 31-60 Miles C&D from Right-of-Way (ROW) to Final #8-3 Disposition C&D collect and remove for a haul distance between 31 and 60 miles 60 + Miles C&D from Right-of-Way (ROW) to Final #8-4 Disposition C&D collect and remove for a haul distance of 60+ miles #9-1 Compacting Compacting C&D debris #9-2 Debris Management Site Management Preparation, management, and segregating at DMS Hazardous Tree 6" - 12" Hazardous tree removal for 6- #10-1 12 inch's truck diameter measured at 4.5 ft. above ground level Hazardous Tree 13" - 24" Hazardous tree removal for 13 - #10-2 24 inch's truck diameter measured at 4.5 ft. above ground level Hazardous Tree 25" - 36" Hazardous tree removal for 25 - #10-3 36 inch's truck diameter measured at 4.5 ft. above ground level Hazazdous Tree 37" - 48" Hazardous tree removal for 37 - #10-4 48 inch's truck diameter measured at 4.5 ft. above ground level Hazardous Tree 49+ Hazardous tree removal for 49+ # 10-5 inch's truck diameter measured at 4.5 ft. above ground level Trees with Hazardous Limbs Hazardous Han 'n Limb 1 CY 1 CY 1 CY 1 CY 1 CY 1 CY ► ' � S i Per Tree l Per Tree 1 Per Tree l Per Tree 1 Per Tree $16.00 $16.00 $18.00 $18.00 $20.00 $20.00 $24.00 $24.00 $3.50 $3.50 $1.00 $1.00 $100 $100 $160 $160 $190 $190 $200 $200 $210� $210 #10-6 removal greater than 2" � g 1 Per Tree $80 $80 #10-7 Hazardous Stumps >24" - 36" Hazardous stump removal 1 Per Stump $50 $50 for a 24-36 inch stump diameter #10-8 Hazardous Stumps >37" - 48" Hazardous stump removal 1 Per Stump $75 $75 for a 37-48 inch stump diameter #10-9 Hazardous Stumps >49" Hazardous stump removal for a � per Stump $95 $95 49+ inch stump diameter #10-10 Stump Fill Dirt Fill and compact dirt for stump holes � CY $14 $14 after removal <<: #11-1 Waterway Debris Removal Debris Removed from canals, � CY $60 $60 rivers, creeks, streams, and ditches #11-2 Sand Collection and Screening Pick-up, screen, and i CY $18 $18 return debris laden sand/mud/dirt/rock c�cy ot Lubbo�k RFP 25-18100-TF Debris Management during FEM,E1 Activated/Qualifying Reimbursement Events Proposal Price Sheet #11-3 SildSand Removal Removal of silt or sand that creates a � CY $16 threat to public health and safety #11-4 Vehicle Removal from Public Property Removal, storage, 1 Unit $200 and disposal of eligible vehicle per State Laws #11-5 Vessel Removal (Land) Removal, storage, and disposal 1 Unit of eligible vessel from public property per State Laws #11-6 Vessel Removal (Marine) Removal, storage, and disposal 1 Unit of eligible vessel from public waterways per State Law #11-7 Carcass Removal Removal of debris that will decompose 1 Pound (animals and organic fleshy matter #11-8 ROW White Goods Removal Pick-up and haul of white 1 Unit goods to disposal site # 11-9 Freon Management Freon management and recycling 1 Unit Electronic Waste Removal of electronic debris that contains hazardous materials such as cathode ray tubes. #11-10 �cludes computers, monitors, TVs, radios, microwaves, 1 Unit and other electronic items Putrescent Waste Removal of s oiled food items or $15 $20 $2 $45 $35 $35 $16 $200 $15 $20 $2 $45 $35 $35 #11-11 debris that will decompose or rot � 1 Pound $8.00 $8.00 #11-12 Hazardous Household Waste HHW removal and disposal 1 Pound $12.00 $12.00 Bio-waste Removal of waste capable of causing infection #11-13 to humans (animal waste, human blood, pathological 1 Pound $9.00 $9.00 waste) Small Engines/Lawn Mowers Collect and remove small #11-14 engines, lawn mowers, or other motorized items that can 1 Unit $45 be recvcled 0-15 Miles Veg from Private Property to Debris #12-1 Management Site (DMS) Vegetative collect and remove for a haul distance up to 15 miles 16-30 Miles Veg from Private Property to Debris #12-2 Management Site (DMS) Vegetative collect and remove for a haul distance between 16 and 30 miles 31-60 Miles Veg from Private Property to Debris #12-3 Management Site (DMS) Vegetative collect and remove for a haul distance between 31 and 60 miles 60 + Miles Veg from Private Property to Debris #12-4 Management Site (DMS) Vegetative collect and remove for a haul distance of 60+ miles 0-15 Miles Veg from Private Property to Final #13-1 Disposition Vegetative collect and remove for a haul distance up to 15 miles 16-30 Miles Veg from Private Property to Final #13-2 Disposition Vegetative collect and remove for a haul distance between 16 and 30 miles 1 CY 1 CY 1 CY 1 CY 1 CY 1 CY $45 $18.00 $18.00 $19.00 $19.00 $20.00 $20.00 $21.00 $21.00 $20.00 $20.00 $22.00 $22.00 City of Lubbock RFP 25-18100-TF Debris Management during FEMA Activated/Qualifying Reimbursement Events Proposal Price Sheet 31-60 Miles Veg from Private Property to Final #13-3 Disposition Vegetative collect and remove for a haul 1 CY $24.00 distance between 31 and 60 miles 60 + Miles Veg from Private Properiy to Final #13-4 Disposition Vegetative collect and remove for a haul 1 CY $26.00 distance of 60+ miles � � • � � . 0-15 Miles C&D from Private Property to Debris #14-1 Management Site (DMS) C&D collect and remove for a 1 CY $18.00 haul distance up to 15 miles 16-30 Miles C&D from Private Property to Debris #14-2 Management Site (DMS) C&D collect and remove for a 1 CY $19.00 haul distance between 16 and 30 miles 31-6U Miles C&D from Private Property to Debris #14-3 Management Site (DMS) C&D collect and remove for a 1 CY $20.00 haul distance between 31 and 60 miles 60 + Miles C&D from Private Property to Debris #14-4 Management Site (DMS) C&D collect and remove for a 1 CY $21.00 haul distance of 60+ miles 0-15 Miles C&D from Private Property to Final #15-1 Disposition C&D collect and remove for a haul distance up to 15 miles 16-30 Miles C&D from Private Property to Final #15-2 Disposition C&D collect and remove for a haul distance between 16 and 30 miles 31-60 Miles C&D from Private Property to Final #15-3 Disposition C&D collect and remove for a haul distance between 31 and 60 miles 60 + Miles C&D from Private Property to Final #15-4 Disposition collect and remove for a haul distance of 60+ miles Demolition of Eligible Private Structure Inspect, secure, #16-1 prepare, and safeguard surrounding area from hazards, e.g. dust (haul rates for PPDR apply) CY $20.00 CY $22.00 CY $24.00 CY $26.00 SF $12.00 $24.00 $26.00 � $18.00 $19.00 $20.00 $21.00 _ $20.00 $22.00 $24.00 $26.00 _ $12.00 C'ity of Lubbock, 7CX Purchasiag and Contract 1Vlanagem�nt Vendor Ack�i�wle�lgement Form The City of Lubbock reserves the iight to accept or reject any and all. The City of Lubbock Charter states that no officer or employee of the City can benefit from any contract, job, work or service for the municipality or be interested in the sale to the City of any supplies, equipment, material or articles purchased. Will any officer or employee of the City, or member of their immediate family, benefit from the award of this proposal to the above firm? YES X NO THE OFFEROR HEREBY ACKNOWLEDGES RECEIPT INSURANCE REQUIREMENTS I, the undersigned Vendor certify that the insurance requirements this bid document have been reviewed by me and my Insurance AgentlBroker. If I am awarded this contract by the City of Lubbock, I will be able to, within ten (10) business days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid. If the time requirement specified above is not met, the City has the right to reject this proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Director of Purchasing & Contract Management for the City of Lubbock at (806) 775-2572. SUSPENSION AND DEBARMENT CERTIFICATION Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non-Federal entities from contracting with or making sub-awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and all non-procurement transactions (e.g., sub-awards to sub-recipients). Contractors receiving individual awards of $25,000 or more and all sub-recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. I, the undersigned agent for the firm named below, certify that neither this ium nor its principals are suspended or debarred by a Federal agency. TEXAS GOVERNMENT CODE SECTION 2252.152 The undersigned representative of the undersigned company or business, being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152, certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further certify that should the above-named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas, which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Lubbock Purchasing and Contract Department. TEI�AS GOYERN1��iEN1' ��►IDE SFCTYOI�I 2271A(?2 Company hereby certifies the follovaing: 1. Company does not boycott Israel; and 2. Company will not boycott Israel during the term of the contract. The following definitions apply to this state statute: (1) "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes; and (2) "Company" means an organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit. TEXAS GOVERNMF.NT CODE 2274 By entering into this Agreement, Contractor verifies that: (1) it does not, and will not for the duration of the contract, have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and will not discriminate during the term of the contract against a firearm entity or firearm trade association. Contractor represents and warrants that: (1) it does not, and will not for the duration of the contract, boycott energy companies or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not boycott energy companies; and will not boycott energy companies during the term of the Agreement. This verification is not required for an agreement where a governmental entity determines that these requirements are inconsistent with the governmental entity's constitutional or statutory duties related to the issuance, incurrence, or management of debt obligations or the deposit, custody, management, borrowing, or investment of funds. 'VENDOR ACI�`�10WLEDGEMEN'1C In compliance with this procurement, the undersigneal offeror having examined the request for proposal, instructions to offerors, documents associated with the request for proposals, and being familiar with the conditions to be met, has reviewed the information regarding: • Insurance Requirements • Suspension and Debarment Certification • Texas Government Code Section 2252.152 • Texas Government Code Section 2271.002 • Texas Government Code 2274 An individual authorized to bind the company must sign the following section. Failure to execute this portion may result in proposal rejection. _� Authorized Signature Ashley Ramsay-Naile Print/Type Name CrowderGulf, LLC. Company Name President Title 10/21 /2024 Date 5629 Commerce Blvd. E Address Mobile, AL 36619 City, State Zip Code Contact for questions, clarifications, etc. Name and Title: Ashley Ramsay-Naile, President Mailing Address: 5629 Commerce Blvd. E City, State, Zip: Mobile, AL 36619 Telephone No: 800-992-6207 / 646-872-1548 Fax No: 251-459-7433 E-Mail: jramsay@crowdergulf.com EXHIBIT C 1. INSURANCE REQUIREI�'�N7f'S 1.1. Prior to the approval of this contract by the City, the Contractor shall furnish a completed Insurance Certificate to the City, which shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE SHALL HAVE BEEN DELNERED TO THE CITY. 1.2. The City reserves the right to review the insurance requirements of this section during the effective period of the contract and to require adjustment of insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Contractor. 1.3. Subject to the Contractor's right to maintain reasonable deductibles in such amounts as are approved by the City, the Contractor shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at Contractor's sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to the City, in the following type(s) and amount(s): Commercial General Liabilitv Requirements: $1 M occurrence /$2M aggregate (can be combined with an Excess Liability to meet requirement). CGL is required in ALL contracts. It is perhaps the most important of all insurance policies in a contractual relationship. It insures the Contractor has broad liability coverage for contractual activities and for completed operations. Commercial General Liability to include Products — Completion/OP, Personal and Advertising Injury, Contractual Liability, Fire Damage (any one fire), and Medical Expenses (any one person). Automatically add an excess liability of $4M. Commercial General Liability Heavy Equipment Endorsement: Heavy equipment endorsement is required Automobile Liability Requirements: $1 M/occurrence is needed Workers Compensation Reyuirements: Statutory. If the vendor is an independent contractor with no employees and are exempt from providing Workers' Compensation coverage, they must sign a waiver (obtained from COL Purchasing) and include a copy of their driver's license.. Employer Liability ($1 M) is required with Workers Compensation. * The City of Lubbock (including its officials, employees and volunteers) shall be afforded additional insured status on a primary and non-contributory basis on all liability policies except professional liabilities and workers' comp. * Waivers of Subrogation are required for CGL, AL, and WC. * To Include Products of Completed Operations endorsement. * Carrier will provide a 30-day written notice of cancellation, 10-day written notice for non- payment. * Carriers must meet a A.M. Best rating of A- or better. * Subcontractors must carry same limits as listed above IMPORTANT: POLICY ENDORSENI�NTS The Contractor will provide copies of the policies without er.pense, to the City and all endarsements thereto and may make any reasonable request for deletion, revision, or m.odification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof. Any costs will be paid by the Contractor. REQUIRED PROVISIONS The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions: a. Name the City of Lubbock and its officers, employees, and elected representatives as additional insureds, (as the interest of each insured may appear) as to all applicable coverage; b. Provide for 30 days notice to the City for cancellation, nonrenewal, or material change; c. Provide for notice to the City at the address shown below by registered mail; d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance; e. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. NOTICES The Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than 30 days prior the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE. All notices shall be given to the City at the following address: Marta Alvarez, Director of Purchasing & Contract Management City of Lubbock 1314Avenue K, 9�' Floor Lubbock, Texas 79401 Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate the Contractor from liability. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos.1- 4 and 6'rf there are interested pardes. OFFICE USE ONLY Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING i Name of business entity filing form, and the city, state and country of the business entity's place Certificate Number: of business. 2025-1290200 CrowderGulf, LLC. Mobile , AL United States Date Filed: 2 Name o governmen entity or state agency t t is a party to t e contract or ic t e orm is OM02/2025 being filed. Ciry of Lubbock Date Ack�owledged: g Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 18693 Debris Management during FEMA Activated/Qualifying Reimbursement Events Nature of interest 4 Name of Interested Pa C' State, Count lace of business check a licable rty ttY� rY (P ) ( PP ) Cont�olling Intermediary Ramsay-Naile, Ashley Mobile , AL United States X Ramsay, Lyman M. Mobile , AL United States X 5 Check only if there is NO Interested Parly. ❑ 6 UNSWORN DECLARATION My name is Ashley Ramsav-Naile , and my date of birth is 08-29-66 My address is 5629 Commerce Blvd E , Mobile ,�_, 36619 , USA (street) (city) (state) (zip code) (country) I declaze under penalty of perjury that the foregoing is Vue and correct. Executed in Mobile Counry, State of Alabama , on the �[1S�day of A Cj�, 20��. (month) (year) Signa e o authorized nt of conuacqng business entity (D ant) Forms nrovided bv Texas Ethics Commission www.ethics.state.bc.us Version V4.1.O.e02d6221 CERTIFICATE OF INTERESTED PARTIES FORnn 1295 lofl Complete Nos.1- 4 and s if there are interested parties. OFFICE USE ONLY Complete Nos.1, 2, 3, 5, and s if there are no interested parties. CERTIFICATION OF FILING i Name of business entity filing form, and the city, state and country of the business entity's place Certificate Number: of business. 2025-1290200 CrowderGulf, LLC. Mobile , AL United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 04/02/2025 being filed. Ciry of Lubbock Date Acknowledged: 04/02/2025 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 18693 Debris Management during FEMA Activated/Qualifying Reimbursement Events Nature of interest 4 Name of Interested Pazry City, State, Country (place of business) (check applicable) Controlling Intermediary Ramsay-Naile, Ashley Mobile , AL United States X Ramsay, Lyman M. Mobile , AL United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is , and my date of birth is My address is , (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of , on the day of , 20 (month) (year) Signature of authorized agent of contracting business entiry (Declarant) Forms provltletl by Texas Ethics Gommission www.ethfcs.state.tx.us Version V4.1.O.e02d6221